1 AGREEMENT FOR SALE THIS AGREEMENT made at Mumbai this ___day ______ of 2019 (Two Thousand and Nineteen), BETWEEN M/S. SHRADDHA LANDMARK PVT LTD, PAN AAECM4241L, a Private Limited Company, Registered under the Companies Act 1956 and having its registered office at A/309, Kanara Business Centre, Laxmi Nagar, Ghatkopar (East) Mumbai 400 075 hereinafter referred to as the “PROMOTER” (which expression shall unless it be repugnant to the context or meaning thereof shall be deemed to mean and include its Director their assigns), OF THE ONE PART. AND PROMOTER ALLOTTEE/S 2 Mr/Mrs ________________________________ having PAN _____________________ and Mr/Mrs ___________________________ having PAN ______________________of Mumbai, Indian Inhabitant of Mumbai, having address at__________________________hereinafter referred to as the “ALLOTTEE/S” (which expression shall unless include the female gender and the plural and unless it be repugnant to the context or meaning thereof mean and include his/her/their respective heirs executors administrators and permitted assigns, and in the case of a partnership firm the partners for the time being thereof, the survivors or last survivor of them and the theirs executors and administrators of the last survivor of them and his/her/their /its permitted assigns, and in the case of a Company / Society its successors and permitted assigns, and in all cases all persons claiming by under or through such allottee including his/her/their/its successors –in-interest)” of the OTHER PART. WHEREAS: (a) The Maharashtra Housing and Area Development Authority (MHADA), a statutory corporation constituted under the Maharashtra Housing and Area Development Act, 1976 was inter alia seized and possessed of and otherwise well and sufficiently entitled to all that piece or parcel of Land admeasuring about 881.88 Sq mts bearing Survey No 113(Pt), CTS No 352(Pt), 352/18 to 25, Village Hariyali, Taluka Kurla, Mumbai Suburban District (hereinafter referred to said Land). (b) The MHADA in pursuance of Scheme introduced by Government constructed residential Building No. 14 of Ground and Upper Floors consisting of total 32 Tenements under the Scheme for the Economically Weaker Section to be given on Hire Purchase basis, to the members of the public who shall apply and be selected under the scheme on said Land. PROMOTER ALLOTTEE/S 3 (c) The tenements in the said building were allotted to individual allottees for Residential Accommodation on Hire Purchase Basis at Building No 14, Tagore Nagar, Vikhroli (East) Mumbai and subsequently all the individual allottees formed themselves into a Co-operative Housing Society. (d) The members and/or occupants of the said tenements formed themselves into a Registered Co-operative Housing Society under Co- operative Societies Act, 1960 i.e. the SOCIETY herein namely “Tagore Nagar Geetanjali Coop Housing Society Ltd, Building No 14, Tagore Nagar, Vikhroli (E), Mumbai-400 083. (e) By an Indenture of Lease dated 06-01-1993, registered in the Sub Registrar Office under serial no 1803 and executed between Maharashtra Housing and Area Development Authority, therein called “the Authority or MHADA” of the one part and Tagore Nagar Geetanjali Coop Housing Society Ltd the SOCIETY therein of the other part the said MHADA demised unto the SOCIETY herein Leasehold rights in respect of Land admeasuring about 881.88 Sq mts bearing Survey No 113(Pt), CTS No 352(Pt), 352/18 to 25, Village Hariyali, Taluka Kurla, Mumbai Suburban District lying and situated at Building No 14 known as Tagore Nagar Geetanjali Coop Housing Society Ltd, Tagore Nagar, Vikhroli (E), Mumbai 400083 on the terms and conditions mentioned therein. (f) By an Sale Deed dated 06-01-1993 executed between Maharashtra Housing and Area Development Authority (MHADA) mentioned therein Vendors and Tagore Nagar Geetanjali Coop Housing Society Ltd therein mentioned as Society the said Society acquired right, title and interest in respect of Land admeasuring about 881.88 Sq mts bearing Survey No 113(Pt), CTS No 352(Pt), 352/18 to 25, Village Hariyali, Taluka Kurla, Mumbai Suburban District lying and situated at Building No 14 known as Tagore Nagar Geetanjali Coop Housing Society Ltd, Tagore Nagar, Vikhroli (E), Mumbai 400083 (hereinafter referred to said Land). the said Conveyance Deed has been registered at sub registrar office under serial no 1804 on the terms and conditions mentioned therein PROMOTER ALLOTTEE/S 4 (g) By an Development Agreement dated 19th Oct 2018 executed between Tagore Nagar Geetanjali Coop Housing Society Ltd therein mentioned as the Society/Owner and Shri Anil Haribhau Mayekar & 31 members therein mentioned as the Members of Society and M/S. SHRADDHA LANDMARK PVT LTD therein mentioned as the Developer the said Society had granted Development Rights to the Developer in respect to Land admeasuring about 881.88 Sq mts bearing Survey No 113(Pt), CTS No 352(Pt), 352/18 to 25, Village Hariyali, Taluka Kurla, Mumbai Suburban District lying and situated at Building No 14 known as Tagore Nagar Geetanjali Coop Housing Society Ltd, Tagore Nagar, Vikhroli (E), Mumbai 400083 ( hereinafter referred to said Property) more particularly described in Schedule I hereunder and the said Development Agreement dated 19th Oct 2018 has been adjudicated under File no ADJ/1100901/639/18/K registered at sub registrar office under Serial No KRL2-12589-2018 DATED 19-10-2018. (h) The Society had also executed Power of Attorney dated 19th Oct 2018 in favour of M/S. SHRADDHA LANDMARK PVT LTD and the said Power of Attorney dated 19th Oct 2018 has been registered at sub registrar office under serial no KRL2-12590-2018 DATED 19-10-2018. (i) The Promoter/s have thereupon got development rights in respect of the said Property as ‘Developer’ thereof, and in the circumstances stated hereinabove the Promoters are absolute developers of the said property. (j) The Promoter has entered into a standard Agreement with an Architect registered with the Council or Architects and such Agreement is as per the Agreement prescribed by the Council or Architects. The Promoter has also appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoters accepts the professional supervision of the Architect and the structural Engineer till the completion of the building / buildings. PROMOTER ALLOTTEE/S 5 (k) The Promoter to construct new building after demolition of existing structure on the said property have got prepared the building plans from licensed architect and accordingly got approved the Plans for redevelopment from the MHADA under I.O.A. bearing No. EE/BP Cell/GM/MHADA-8/267/2019 dated 10th April 2019 and Commencement Certificate bearing No. MH/EE/(B.P.)/GM/MHADA- 8/267/2019 dated 20th June 2019 and marked and annexed respectively for the construction of multi-stored building on the sad property. (l) As per the said approved plans by the concerned authorities, the Promoters have proposed to construct residential cum commercial building to be known as “SHRADDHA PINNACLE” building in Tagore Nagar Geetanjali Coop Housing Society Ltd, hereinafter referred to as the “ SAID BUILDING, on the said property. (m) The Promoters pursuant to sanctions granted by the concerned authorities, are accordingly in process of constructing a multistoried building to be known as “SHRADDHA PINNACLE” on the said property as described in the First Schedule hereunder written; The Promoters are well sufficiently entitled to the right to premises to be constructed in the said building to be known as “SHRADDHA PINNACLE” and enter into Sale Agreement with various and diverse Allottees on such terms price as they think just and proper and to receive sale price in respect thereof. The Promoter are offering for sale premises in the proposed new building being constructed by them as aforesaid. (n) The Allottee herein approached to the Promoters and has expressed a desire to acquire purchase a commercial / residential premises in the said building presently under construction on the said property. (o) The Promoters herein have prior to commenting or agreeing upon any allotment of Shop/Flat premises in favour of the Allottee, explained their scheme of development, and also given inspection to the Allotee and the Allottee has referred by way of inspection of all the documents to title relating to the said property including of all the documents to title PROMOTER ALLOTTEE/S 6 relating to the said property including 1) Copy of Property Card hereto annexed and marked as ANNEXURE “A”, 2) Copy of CTS Plan hereto annexed and marked as ANNEXURE “B” C) Copy of Certificate on Title to the said property issued by Mr. C M Gandhi Advocate dated 25th March 2019, hereto annexed and marked as ANNEXURE “C”, and the right of Promoter to develop the said property granted under development agreement approved plans, designs and specifications including IOD, and C.C. issued by the MHADA and annexed hereto and the copies of I.O.D. and Commencement Certificate issued by MHADA is annexed hereto annexed and marked as ANNEXURE “D” & ANNEXURE “E” respectively. (p) The Promoters further clarified that the said sanctioned building plans although approved by M.C.G.M./MHADA are liable to be amended or revised and/or changed by M.C.G.M. and other concerned public bodies and authorities. The Promoters reserves to amend revise and/or change the plans as may be required and this right of the Promoters are acknowledge and accepted by the Allottee. The Promoter has represented to the Allottee/s that this is a MHADA redevelopment project and there may be changes in the plans and the Allottee under this agreement is providing his/her consent of not raising any objection if there is any change in plans. (q) The Promoters have informed the Allottee that in the event of their availing any benefit of the policy of the Corporation and the Government to construct more or utilize TDR or FSI and Incentive FSI and /or any other FSI in any other form, then they will be entitled to utilize the same and the building will be constructed by utilizing the potential of the property to its fullest extent without any obstruction, resistance or impediment on the part of the said Society in any manner whatsoever. (r) The Allottee has after satisfying themselves with regard to the title of the Promoter to the said property and after perusal of all orders, permissions, sanctions and approvals obtained by the Promoter, and of the correctness of the representations mentioned hereinabove, the Allottee has agreed to acquire from the Promoter PROMOTER ALLOTTEE/S 7 residential premises being Flat No. ____ on the ___ Floor there of admeasuring _______ sq. mtrs RERA Carpet Area which is equivalent to ______ sqft and as per BMC/MHADA IOD Plans the Carpet Area of the said Flat is ___ sq. mtrs which is equivalent to ___ sq ft in the said building “SHRADDHA PINNACLE” now under development on the said property for the consideration and on the terms and conditions herein before and hereinafter mentioned. (s) The Allotte/s has/have entered into this Agreement with full knowledge of all terms and condition contained in the documents, papers, plans, orders, schemes, amenities, etc. recited and referred to hereinabove and those contained herein; (t) On demand from the Allottee, the Promoters has given inspection to and made full and complete disclosures to the Allottee/s of all the documents of title relating to the said property, the plans, designs and specifications, sanctions, permissions, approvals obtained from planning authorities and prepared by the Promoter’s Architect Shri. Sachin Rakshe and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as “The said Act”) and the Rules and Regulations made there under ; (u) The Allottee/s has /have duly verified the title of the Owners to the said property and the rights of the Promoters to develop and construct the said buildings and after having satisfied himself/ herself and itself about the same have agreed to purchase the said unit and enter into the said Agreement from the Promoters as setout hereunder. (v) The Promoters has registered the Project under the provisions of the Real Estate (Regulation & redevelopment) Act, 2016 with the Maharashtra Real Estate Regulatory Authority at Mumbai under project registration no. P___________________ copy of Rera Certificate hereto annexed and marked as ANNEXURE “F”. (w) Under Section 13 of the said Act the Promoter is required to execute a written Agreement for sale of the said Flat with the Allottee, being n fact PROMOTER ALLOTTEE/S 8 these presents and also to register sad Agreement under the Registration Act, 1908. (x) In accordance with the terms and conditions set out in this agreement and as mutually agreed upon by the and between the parties hereto are now desirous of recording the terms and conditions arrived between them for sale of Flat/Shop premises in favour of the Allottee as under. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The recitals contained above and the Annexure and schedules herein shall form an integral part of the operative clauses of these presents. 2. The Promoters shall construct or cause to be constructed the said building/s to be known as “SHRADDHA PINNACLE” building (hereinafter referred to as the “said Building”) in accordance with the plan sanctioned and which may be sanctioned from time to time and the same have been inspected and approved by the Allottee/s that no further consent of the Allottee/s is/are required for any modifications, alterations, variations, or amendments of the plans including for additions in the said Building to be constructed on the said property or any alteration or addition required by any Government authorities or due to change in law. 3. i) The Allotee/s hereby agrees/ agree to purchase from the Promoters and the Promoters hereby agree to sell to the Allottee/s the Flat No. ________, admeasuring ____ Sq. mtrs RERA Carpet Area which is equivalent to ___ sqft and as per BMC/MHADA approved plans the sanctioned area is ____ sq mtrs carpet area which is equivalent to ___ sq ft ) on the ____Floor in the Building known as “SHRADDHA ______________” (hereinafter referred to as the “SAID BUILDING”) as shown surrounded by Red Colour Boundary line (hatched in red) on the concerned floor plan, the floor plan is annexed and marked as Annexure “G” (hereinafter for brevity’s sake referred to as the “SAID PROMOTER ALLOTTEE/S 9 FLAT”) at or for the consideration of Rs_______/- (Rupees_____________________________Only). ii) The Allotee hereby agrees to purchase from the Promoter and the Promoter herby agrees to sell to the Allottee covered parking spaces bearing Nos. -_____ situated at __________________________________ Pit / Basement and/or stilt being constructed in the layout for the consideration of Rs. ____________/- The Total aggregate consideration amount for the apartment including parking spaces (if availed) as mentioned above is thus Rs. ______________/- (Rupees _______________ Only). The Allottee/s has paid on or before execution of this agreement a sum of Rs.________/- (Rupees Only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs._________/-(Rupees Only) in the following manner:- a. By paying 20% (not exceeding 30% of the total consideration) of the Agreement Value i.e. Rs._______/- (Rupees Only) as earnest money on or before the execution of this Agreement. b. By paying 15% (not exceeding 45% of the total consideration)of the Agreement Value i.e. Rs.__________/- (Rupees Only) within 7(seven) days from the date of intimation about the completion of the construction of Plinth of the said Building. c. By paying 4% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) days from the date of intimation about the completion of First Slab of the said Building. d. By paying 3% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) PROMOTER ALLOTTEE/S 10 days from the date of intimation about the completion of Fourth Slab of the said Building e. By paying 3% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) days from the date of intimation about the completion of Seventh Slab of the said Building f. By paying 3% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) days from the date of intimation about the completion of Tenth Slab of the said Building g. By paying 3% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) days from the date of intimation about the completion of Thirteenth Slab of the said Building h. By paying 3% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) days from the date of intimation about the completion of Sixteenth Slab of the said Building i. By paying 3% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) days from the date of intimation about the completion of Nineteenth Slab of the said Building j. By paying 3% (not exceeding 70% of the total consideration) of the Agreement Value i.e. Rs.________ /- (Rupees Only) within 7(seven) days from the date of intimation about the completion of Top Slab of the said Building k. By paying 5% (not exceeding 75% of the total consideration) of the Agreement Value i.e. Rs.________/- (Rupees Only) within 7(seven) days PROMOTER ALLOTTEE/S 11 from the date of intimation about the completion of Walls, Brick Work, Internal Plaster, Color and Flooring, Door of the said Building. l. By paying 5% (not exceeding 80% of the total consideration) of the Agreement Value i.e. Rs._______/- (Rupees Only) within 7(seven) days from the date of intimation about the completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Flat. m. By paying 5% (not exceeding 85% of the total consideration) of the Agreement Value i.e. Rs.________/- (Rupees Only) within 7(seven) days from the date of intimation about the completion of plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Flat is located. n. By paying 5% (not exceeding 90% of the total consideration) of the Agreement Value i.e. Rs._________/-(Rupees Only) within 7(seven) days from the date of intimation about the completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Flat is located. o. The balance amount of Rs._______/- (Rupees Only) i.e. 10% balance amount against and at the time of handing over of the possession of the said Flat to the Flat Purchaser on or after receipt of occupancy certificate or completion certificate. (iii) The time for each of the aforesaid payments as well as other payments to be made by the Allottee/s to the Promoter shall be the essence of the contract. The Promoter will forward to the Allottee/s the intimation of the Promoter at the address given by the Allotte/s under this Agreement and the Allottee/s shall be bound to pay the amount of instalments within seven days of the PROMOTER ALLOTTEE/S 12 Promoter dispatching such intimation, under the Certificate of Posting at the address of Allotte/s as given in these presents; (iv) The aforesaid consideration amounts shall be subject to deduction of 1% TDS in the event the Agreement Value is Rs 50,00,000 (Rupees Fifty Lakhs Only) and above which should be deducted by the Allottee and the TDS Certificate should be produced to the Promoter. The TDS rules shall be applicable according to the rules framed by the government from time to time. (v) The Sale Consideration excludes taxes (consisting of tax paid or payable by way of GST and all levies, duties and cesses or any other indirect taxes which may be levied, in connection with the construction of and carrying out the Project and/or with respect to the said Premises and/or this Agreement). It is clarified that all such taxes, levies, duties, cesses (whether applicable/payable now or which may become applicable/payable in future) including GST and all other indirect and direct taxes, duties and impositions applicable levied by the Central Government and/or the State Government and/or any local, public or statutory authorities/bodied on any amount payable under this Agreement and/or on the transaction contemplated herein and/or in relation to the said Premises, shall be borne and paid by the Allottee alone and the Promoter shall not be liable to bear or pay the same or any part thereof. All these payments will be made by the Allottee as and when called upon by the Promoter and/or as required by the concerned Government or authority, as the case may be. (vi) The total Price above excludes taxes and so Allottee/s shall be liable to make the payment of the GST/Service Tax/VAT Tax, or such other taxes as may be applicable in respect of the said Flat and to these presents and accordingly the Allottee/s shall be solely and absolutely liable to make the payment of same and other charges incidental thereof without holding the Promoters in any manner responsible for the same at the time of registration of these presents or thereafter. It is further agreed that if by reason PROMOTER ALLOTTEE/S 13 of any amendment to the Constitution or enactment or amendment or any other law, this transaction is held to be liable to any additional taxes such as Sales Tax, VAT Tax Etc., the same shall be payable by the Allotte/s to the Promoters forthwith on demand and the Promoters shall not be responsible for the same. The Allotte/s shall at all-time hereafter keep the Promoters indemnified and safe and harmless against all penalties or consequences arising on account of breach and violation of any of provision of law and further the Allottte/s undertake/s to follow and abide by all rules and regulations of law and make good for any loss and/or damage suffered and/or occasioned on account of any breach and/or violation or omission and commission by the Allotte/s. (vii) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies / Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification / order /rule / regulation published / issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 4. The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then promoter shall refund the excess money paid by allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to PROMOTER ALLOTTEE/S 14 Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clauses of this Agreement. 5. The Allottee authorizes the Promoter to adjust / appropriate all payments made by them/her under any heads of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 6. The Allottee/s hereby covenant/s with the Promoters that the Allottee/s shall duly and punctually pay the amounts due and payable within the time and in the manner stipulated in Clauses above. Such installments shall be payable by the Allottee/s strictly within the period mentioned hereinabove without committing any breach and/or defaults thereof. The time for making the payment of each of the aforesaid installments and all other amounts due and payable shall be the essence of the contract. Without prejudice to other rights specified herein Promoter shall be entitle to and the Allottee agrees and shall be liable to pay to the Promoter, interest as specified in the Rule i.e. Marginal cost of Fund of SBI plus 2% p.a on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this agreement from the date the said amount is payable by the Allottee(s) to the Promoter. 7. If the Allottee/s in order to argument the resources in his/her/their hands for the purpose of payment of consideration amount to the Promoters under this Agreement for Sale intends to seek loan from any financial institutions/banks, etc. against the security of the said Flat then in such a case the Allottee/s shall be required to obtain on the letterhead of the respective financial institutions /bank’s etc. the loan /pre-sanction loan letter and only against which the Promoters will issue the NOC for mortgage of the said Flat to the Allottee/s. Further when such financial institution/bank, etc. makes a disbursement, it PROMOTER ALLOTTEE/S 15 shall be mandatory that the payment should be made by issuing the Cheque/pay order/ Demand Draft, of the Loan amount or installment/s in the name of the Promoters only i.e. in favour of “M/S. SHRADDHA LANDMARK PVT LTD, and in the event such financial institution / bank, etc. issue cheque/pay order / Demand Draft of Loan or installment/s in any other name or account, then such financial institution/bank, etc. shall do so at their own risk and the Promoters shall not be liable for any cost and consequences arising therefrom and in such event the Allottee/s shall not be absolved or payment of purchase consideration and consequences for non-payment / default in payment shall be followed. 8. Without prejudice to the right of promoter to charge interest in terms of sub clauses above, on the Allottee/ committing three defaults in payment of amounts under these presents and / or installments including as mention in clauses and his/her proportionate share of taxes levied by concerned local authority and other outgoings, the Promoter shall at his own option, may terminate this agreement. Promoter shall inform the said termination and of the specific breach or breaches of terms and conditions in respect of which it is to terminate the Agreement in writing to the Allottee, by Registered Post AD at the address provided by the Allottee and/ or mail at the e-mail address provided by the Allottee. However upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee the installments of Sale consideration of the Flat which may till then have been paid by the Allottee to the Promoter subject to adjustment and recovery of liquidated damages and 10% Forfeiture Amount or any other amount which may be payable to promoter subject to adjustment and recovery of liquidated damages on account of losses of whatsoever nature arising out of such termination or any other amount which may be payable to Promoter; 9. The Promoters upon such terminations shall be entitled to sell, transfer and assign the said Flat and all the rights, title and interest therein in favour of any third party on such terms and conditions as thought fit and proper by the Promoters without any recourse and/or reference to PROMOTER ALLOTTEE/S 16 the Allotte/s. However if Allottee had seek loan from any financial institutions/banks etc. against the security of the said Flat after prior consent / approval of the Promoters and promoter exercise its right to terminate due to some breach of terms and conditions mentioned herein then in that case Allottee/s hereby undertakes/undertake to clear the entire mortgage debt outstanding and to obtain necessary letter/confirmation stating clearance of mortgage, etc. from such financial institution/bank, etc. and the Promoters shall directly pay the amount to the banks and financial institutions etc. from the amount standing to the Allottee/s credit subject to deductions mentioned above paid by him/her/them to the Promoters towards the consideration amount with the Promoters towards the said Flat and to that extent, so as to clear the mortgage debt. 10. The Allottee agrees with promoters that he/she/they shall not sell / dispose of the said Flat till the date of possession without written consent of the Promoter. 11. The Allottee authorizes the Promoter to adjust / appropriate all payments made by him/her under any head of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object / demand / direct the Promoter to adjust his payments in any manner. 12. The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Flat to the Allottee, obtain from the concerned local authority occupancy and/or completion certificate in respect of the Flat. 13. Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time a schedule for completing the project and handing over the [Flat] to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or both, as the case may be, Similarly, the Allottee shall make timely PROMOTER ALLOTTEE/S 17 payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clauses herein above, (”Payment Plan”). 14. The Cooperative Society of the said Building shall incorporate the name “TAGORE NAGAR GEETANJALI CHS LTS” in its name and that name will not be changed under any circumstances without obtaining written permission of the Promoters. Furthermore, the Allottee/s undertakes / undertake and declares /declare and grants/grant his/her/their irrevocable consent for the said name mentioned above and accordingly agrees / agree to vote in favour of the said name in the resolution to be passed in the General Body Meeting of such proposed Society and/or Association and Federation for the reservation of name for the proposed Society or Association or Federation , as the case may be, shall adopt and accept the name as stated above for the said Society and/or Association or Federation. The Allottee/s shall also not alter the name of the scheme or the name of the Building/s in which the said Flat of the Allottee/s is/are situated. The said Building/s shall hereafter be permanently known as “SHRADDHA PINNACLE” 15. The Promoter hereby declares that the FSI as on date in respect of the said property is Nil sq.mtr. only and promoter plans to utilize F.S.I. of 6180.7 sq.mtrs. further the Promoter shall be entitled to total F.S.I. 6180.7 sq mts available at present or in future and further and/or additional construction, shall always be the property of the Promoters who shall be at liberty to use, deal with, dispose of, sell, transfer, etc. the same, in any manner the Promoters choose and deem fit. The document vesting the title of the said property, building. Etc. and transfer of rights and benefits of the Promoters, as hereinafter mentioned, shall be subject inter alia to the aforesaid reservation. 16. The Fixtures, fittings and amenities to be provided by the Promoter in the said building and the Flat as are out in Fourth Schedule. PROMOTER ALLOTTEE/S 18 17. The Promoter shall give possession of the Flat to the Allottee/s on or before 31st December 2023. If the Promoter fails or neglects to give possession of the Flat to the Allottee/s on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee/s the amounts already received by him in respect of the Flat with interest at the same rate as may mentioned in the clauses herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of Flat on the aforesaid date, if the completion of building in which the Flat is to be situated is delayed on account of- (i) Non-availability of steel, cement, other building materials, water, electric supply, etc. (ii) War, civil commotion or act of God; (iii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. (iv) Non-availability of steel, cement, other building material, water or electric supply. (v) Any other reasons, beyond control of the Developer/Promoter. (vi) Charges in any rules, regulation, bye-laws of various statutory bodies and authorities affecting the development and the project. (vii) Delay in grant of any NOC / permission/license / connection for installation of any services, such as lifts, electricity and water connections and meters to the project/flat/road or completion certificate from appropriate authority; (viii) other force majeure conditions. (ix) Delay or default in payment of dues by the purchaser under these presents without prejudice to the right of the Developer / Promoter to terminate this agreement mentioned hereinabove). 18. PROCEDURE FOR TAKING POSSESSION: The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee/s as per the agreement shall offer in writing the possession of the [Flat], to the Allottee/s in terms of this Agreement to be taken within 15 days from the date of issue of such PROMOTER ALLOTTEE/S 19 notice and the Promoter shall give possession of the Allottee/s. The Promoter agrees and undertakes to indemnify the Allottee/s in case of failure of fulfillment of any of the provisions, formalities, documentation charges as determined by the Promoter or association of Allottee/s, as the case may be. The Promoter on its behalf shall offer the possession of the Allottee/s in writing within _____ days of receiving the occupancy certificate of the Project. 19. FAILURE OF ALLOTTEE TO TAKE POSSESSION OF FLAT:- Upon receiving a written intimation from the Promoter as per above clause the Allottee shall take possession of the [ Flat] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Flat] to the Allottee. In case the Allottee fails to take possession within the time provided in clause. Such Allottee shall continue to be liable to be liable to pay maintenance charges as applicable. 20. If within a period of five years from the date of obtaining the Occupation Certificate, the Allottee brings to the notice of the Promoter any structural defect in the Flat or the building in which the Flat are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. If there is a dispute regarding any defect in the building or material used the matter shall, within a period of five years from the date of handing over possession, on payment of such fees as may be determined by the Regulatory Authority, be referred for decision to adjudicating Officer appointed under section 72 of the Real Estate [ Regulation and Development ) Act 2016. 21. The Allottee shall use the Flat or any part thereof or permit the same to be used only for purpose or residence as per the norms and rules. PROMOTER ALLOTTEE/S 20 22. The Promoters shall be entitled to sell the Flat and/or any other premises / spaces in the said Building/s for any use, subject to the permission of the concerned authority, if any required and the Allottee/s, subject to above, hereby gives / give his/her/their consent to any use thereof by the Promoters. It is hereby expressly agreed that the Promoters shall be entitled to sell the Flat and / or any other premises / spaces in the said Building/s for the purpose of using the same for purpose same is allotted and the Allottee/s shall be entitled to use the said Shop/Flat to be purchased by him/her/them accordingly and similarly the Allottee/s shall not object to the use of the other Flat and/or any other premises / spaced in the said Building/s for the aforesaid purposes, by the respective Allottee/s thereof. The Allottee/s shall not change the user of the said Flat without the prior written permission of the Promoters and the concerned local authorities. 23. The Allottee along with other Allottee/(s) of Flats in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the byelaws of the proposes Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organization of Allottee. No Objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Cooperative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 24. The Promoter, shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and / or the owners in the said structure of the Building or wing in which the said Flat is situated. PROMOTER ALLOTTEE/S 21 25. On the vesting of the management and the administration of the said Building/s in the Society or upon the Allottee/s of the Flat in the said Building/s, being admitted as members of the Society, the said society shall take over complete responsibility for the management of the said property and the said Building/s and shall be solely responsible for collection of dues from its members and for the disbursement of such collections in relation to the said building/s, including payment for ground rent, if any, Municipal Corporation of Greater Mumbai/MHADA, Water Charges, salaries of the employees charged with the duties for the maintenance of the said property and the said Building/s. 26. The Allottee/s of the said premises shall, so long as and till the various premises in the said building are not separately assessed by the Corporation for property taxes and water charges, rates and other outgoings, pay and continue to pay the proportionate share of such taxes, rates, and other outgoing assessed on the said property including the said building on ad-hoc basis as may be decided by the Promoters. The Allottee/s shall continue to pay such amounts as decided and intimated by the Promoters without demur and without in any manner disputing the same and shall not demand any accounts in respect thereof. PROVIDED HOWEVER that, if any, special taxes and/or rates are demanded by the Corporation or any other statutory authorities by reason of any permitted use, the Allotte/s alone shall bear and pay such special taxes and rates. As from the date of offer for delivery of the possession of the said premises, the Allotte/s shall observe, perform and abide all the rules and regulations of the Corporation and/or other statutory bodies and shall indemnify and keep indemnified the Promoters against any loss or damage in respect thereof. 27. Within 15 days after notice in writing is given by the Promoter to the Allottee that the Flat is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Flat ) 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 PROMOTER ALLOTTEE/S 22 charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee Shall pay to the promoter such proportionate share of outgoing as may determined. The Allottee further agrees that till the Allottee’s share is so determined the Allottee shall pay to the Promoter provisional monthly contribution as may be decided by the promoter as on date of Possession date. (hereinafter referred to as Maintenance charges) The amount so paid by the Allottee to the Promoter shall not carry any interest and remain with the promoter until a conveyance / assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance / assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement and expended for maintenance of the society) shall be paid by the promoter to the society or the limited company, as the case may be. 28. The Allottee shall, before delivery of possession of the said Premises in accordance with Clause above, pay the following amounts with the Promoter: - (i) Rs. _______/- (Rupees __________________________ Only) for share money, application entrance fee of the Society. (ii) Rs. _________/- (Rupees _____________________ Only) for formation and registration of the Society. (iii) Rs. ___________/- (Rupees ___________________Only) for share of development charges. (iv) Rs. ___________/- (Rupees__________________ Only) being approximately 12 months provisional outgoings for the payment of proportionate share of provisional maintenance, charges, outgoings, which will include Municipal and other taxes and charges of water bills, common electric bill, etc PROMOTER ALLOTTEE/S 23 (v) Rs. ___________/- (Rupees ____________________ Only) for deposit towards water, electricity, and other utility and services connection charges. (vi) Rs. ___________/- (Rupees ______________________ Only) being one- time membership fee with respect to the gymnasium forming part of the Project. (vii) Rs __________/ - (Rupees _____________________ Only) for legal charges. (viii) Rs __________/ - (Rupees _____________________ Only) for Sinking Fund deposit. 29. The promoters are authorized by the Allottee/s his their behalf and out of the amounts so deposited, to spend for all costs for preparation of all other documents, deeds, declaration, costs of lawyers for transfer of the said Building/s and / or portion thereof, to the said Co-operative Society and/or Association or Federation and such costs of transfer are to be borne and paid wholly by the Allotte/s and other acquired of shops proportionately, but exclusive of all out of pocket expenses like stamp duty, registration charges, etc. of such documents which also will be borne and paid wholly by the Allotte/s and other acquired of Flat. Incase if the costs, charges and expenses exceed the aforesaid amount, the same would also be made good by the Allotte/s. 30. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees’ share of stamp duty and registration charges payable by the said Society and Limited Company on such conveyance or lease or any documents or instruction of transfer in respect of the structure of the said Building/wing of the building. At the time of registration of Conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees’ share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any documents or instruction of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. PROMOTER ALLOTTEE/S 24 31. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER; The Promoter hereby represents and warrants of the Allottee as follows; I. The promoter has clear and marketable title with respect to the said property; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the project; II. The promoter has 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 litigation pending before any court of law with respect to the project land or Project 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 Promoter has been and shall, at the rimes, remain to be in compliance with all applicable laws in relation to the project, project land, Building/wing and common areas; VI. The promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the PROMOTER ALLOTTEE/S 25 right, title and interest of the Allottee created herein, may prejudicially be affected; VII. The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the project land, including the Project and the said Flat which will, in any manner, affect the rights of Allottee under this Agreement; VIII. The Allottee hereby agrees and confirm that not to keep anything in the common passage, staircase, terrace, walls or any other common place and not to hang any sign boards, hoardings, name boards etc. in the passage or on the inner or outer wall of the building/s or Wing/s. The Promoters/Society shall be entitled to remove such things without any notice, if anything is found in breach of this provisions; IX. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Flat to the Allottee in the manner contemplated in this Agreement; X. At the time of execution of the conveyance deed of the structure to the association of allottees the promoter as mentioned herein above shall handover lawful, vacant, peaceful, physical possession of the common areas of the structure to the Association of the Allottees; XI. The Promoter has duly paid and shall continue to pay and discharge undisputed government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoing, whatsoever payable with respect to the said project to the competent Authorities subject to terms and conditions mentioned herein; PROMOTER ALLOTTEE/S 26 XII. No notice form the Governments or any other local body or authority or any legislative enactment, government ordinance order, notifications (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and / or the Project expect those disclosed in the title report. 32. The Allottee/s or himself/themselves with information to bring all persons into whosoever hands the Flat may come, hereby covenants with the Promoter as follows:- I. To maintain the Flat at the Allotee’s own cost in good and tenantable repair and condition from the date that of possession of the Flat is taken and shall not do or suffer to be done anything in or to the building in which the Flat 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 Flat is situated and the Flat itself or any part thereof without the consent of the local authorities, if required. II. Not to store in the Flat 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 Flat is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircase, common passages or any other structure of the building in which the Flat is situated, including entrances of the building in which the Flat is situated and in case any damage is caused to the building in which the Flat is situated or the Flat is situated or the Flat on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. III. To carry out at his own cost all internal repairs to the said Flat and maintain the Flat in the same condition, state and order in which PROMOTER ALLOTTEE/S 27 it was delivered by the promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Flat is situated or the Flat which may be contrary to the rules and regulations any bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. IV. Not to demolish or cause to be demolished the Flat or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Flat or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Flat is situated and shall keep the portion, sewers, drains and pipes in the Flat and the appurtenances thereto in good tenantable repair and conditions, and in particular, so as to support shelter and protect the other parts of the building in which the Flat is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, paradise or other structural members in the Flat without the prior written permission of the promoter and/or the Society or the Limited Company. V. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Flat is situated or any part thereof or where by any increased premium shall become payable in respect of the insurance. VI. The Allotte has prior to the execution of this Agreement, satisfied himself/herself/themselves about the Title of the Promoter/Society to the said property, and redevelopment of the said Allotte/s more particularly described in the First Schedule here underwritten, and has/have accepted the Certificate of the Title issued by C M Gandhi, which is annexed herewith and which has been perused PROMOTER ALLOTTEE/S 28 by the Allotte/s and has/have agreed not to raise any further requisitions or any objections in relation thereto hereafter. VII. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Flat in the compound or any portion land and the building in which the Flat is situated. VIII. Pay to the promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Flat is situated. IX. 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 user of the Flat by the Allottee for any purposes other than for purpose for which it is sold. X. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Flat until all the dues payable by the Allottee to the Promoter under this Agreement are fully pad up and only if the Allottee had not been guilty of breach of or non-observance of any of the terms and conditions of this Agreement and until the Allottee has intimated in writing to the Promoter and obtained the written consent of the Promoter for such transfer, assign or part with the interest etc. XI. The Allottee shall observe and perform all the rules and regulations which the society or the Limited Company or Apex Body or Federation any 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 Flats therein and for the observance and performance of the Building PROMOTER ALLOTTEE/S 29 Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/ Apex Body/Federation regarding the occupancy and use of the Flat in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out- going in accordance with the terns of this Agreement. XII. Till a Conveyance or such other vesting document of the structure of the building in which Flat is situated is executed in favour of Society/Limited Society, the Allottee shall permit the promoter and their surveyors and agents, with or without workmen and others at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. 33. The promoter shall maintain a separate account in respect of sums received by the promoter from the Allottee as advance or deposit sums received and account of the share capital for the promotions 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. 34. Nothing contained in this Agreement is intended to be nor shall be constructed as a grant, demise or assignment in law of the said Flats or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and expect in respect of the Flat hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircase, terrace, recreation spaces, will remain the property of the promoter until the said structure of the building is transferred to the society /Limited Company or other body transferred to the Apex Body/Federation as here in before mentioned. PROMOTER ALLOTTEE/S 30 35. BINDING EFFECT : Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until firstly the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub-registrar as and when intimated by the promoter. If the Allottee(s) fails to execute an deliver to the promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified with 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 36. ENTIRE AGREEMENT : This Agreement along with its schedules and annexure, constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreement, allotment letter, correspondences, arrangements whether written or oral, if any, between the parties in regard to the said Flat/building as the case may be. 37. RIGHT TO AMEND: This Agreement may only be amended through written consent of the Parties. 38. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTE/SUBSEQUENT ALLOTTEES: It is clearly understood and so agreed by and between the parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the project shall equally be applicable to and enforceable against any subsequent Allottees of the [Flat], in case PROMOTER ALLOTTEE/S 31 of a transfer, as the said obligations go along with [Flat] for all intents and purposes. 39. 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 execution of this Agreement. 40. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT : Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the [Flat] to the total carpet area of all the [Flat] in the project. 41. 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 and same shall be subject to terms and conditions mentioned herein. 42. PLACE TO EXECUTION: The execution of this Agreement shall be complete only upon its execution by the promoter through its authorized signatory at the Promoter’s Office or some other place, which may be mutually agreed between the Promoter and the Allottee, in after the Agreement is duly executed by the Allottee and PROMOTER ALLOTTEE/S 32 the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. 43. The Allottee and/or Promoter shall present this Agreement at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 44. That all notices to be served on the Allottee and the Promoter as contemplate by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D. and notified Email ID/Under Certificate of Posting at their respective addresses specified below: ____________________________________________________________ Name of Allottee (Allottee’s Address) Notified Email ID: _________________________________________ M/S. SHRADDHA LANDMARK PVT LTD Having Administrative Office at 301, 3rd Floor, Sai Heritage, Tilak Road, Above Axis Bank, Ghatkopar (E), Mumbai-400 077 45. It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 46. JOINT ALLOTTEES: That in case there are Joint Allottees a communication shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which PROMOTER ALLOTTEE/S 33 shall for all intents and purposes to consider as properly served on all the Allottees. 47. STAMP DUTY AND REGISTRARTION : The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 48. 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 Authority as per the provisions of the Real Estate (Regulation and Development) Acct, 2016, Rules and Regulations, there under. 49. GOVERNING LAW : That the rights and obligations of the parties under or arising out of this Agreement shall be constructed and enforced in accordance with the laws of India for the time being in force and the competent courts of Mumbai Jurisdiction for this Agreement. THE FIRST SCHEDULE ABOVE REFERRED TO ALL the piece and parcel of Land admeasuring about 881.88 Sq mts bearing Survey No 113(Pt), CTS No 352(Pt), 352/18 to 25, Village Hariyali, Taluka Kurla, Mumbai Suburban District lying and situated at Building No 14 known as Tagore Nagar Geetanjali Coop Housing Society Ltd, Tagore Nagar, Vikhroli (E), Mumbai 400083 THE SECOND SCHEDULE ABOVE REFERRED TO PROMOTER ALLOTTEE/S 34 ALL THAT RESIDENTIAL /COMMERCIAL PREMISES being Flat No. _____, admeasuring ____ Sq. ft i.e. _____ Sq. mtrs., RERA Carpet area on the __ Floor of the building know as “SHRADDHA PINNACLE” to be constructed on the property more particularly described in the First Schedule hereinabove, and the said flat/shop premises is shown on sketch annexed hereto and marked ANNEXURE ‘’G’’ THE THIRD SCHEDULE ABOVE REFERRED TO: (Details of the common area facilities in the Real Estate Project) The nature, extent and description of the “Common areas and facilities” and of the “Limited Common Areas and Facilities” shall be as under: (a) Common Areas and Facilities: (i) Entrance lobby and foyer of the Building to the Flat Purchasers of Flats. (ii) Compound of the Building, i.e., the open space area appurtenant to the built-up area of the building; space in the compound irrevocably reserved and allotted/ to be allotted to the respective Flat Purchaser. PROMOTER ALLOTTEE/S 35 (iii) Overhead Terrace of the building save and except such Terrace area as may be exclusively allotted and reserved for any Flat Purchasers. (iv) Stair cases only as a means of ingress and egress to the respective flats. (b) Limited Common Area and Facilities: (i) Staircase landing and passage on each floor shall be for common user of only Flat Purchasers on the particular floor. THE FOURTH SCHEDULE ABOVE REFERRED TO: (Specifications and Amenities) TILING  Vitrified Flooring in Living Room  Anti skid tiles in bathrooms  Decorative cheqeured tiling in compound KITCHEN  Granite Platform with Stainless steel sink  Vitrified Flooring in Kitchen  Decorative dado tiling TOILET  Designer bathroom with Branded sanitary ware  Concealed plumbing with premium quality CP Fittings DOORS & WINDOWS PROMOTER ALLOTTEE/S 36  Stylish doors in every room with elegant handles & locks  Sliding windows WALLS & PAINTS  Gypsum/POP finished Internal Walls  Acrylic/Plastic paint of premium quality for interior walls  External Acrylic Paint ELECTRIFICATION  Provision for Telephone, TV & Internet Connection in all rooms  Branded concealed wiring  Branded premium electrical fittings  Power back up for lift  Hi speed Elevators SECURITY  Earthquake Resistant RCC Structure  Modern Fire Fighting System  CCTV Cameras at entry gates and inside the compound  Decorative compound wall with decorated gate IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at Mumbai in the presence of attesting witness, signing as such on the day first above written. SIGNED SEALED AND DELIVERED ) the withinnamed ‘’THE PROMOTERS’’ ) M/S. SHRADDHA LANDMARK PVT LTD ) Through its Partner ) Shri Sudhir Balu Mehta ) In presence of …….. ) 1 2. PROMOTER ALLOTTEE/S 37 SIGNED SEALED AND DELIVERED ) by the withinnamed ‘’ THE ALLOTTEE’ ) ) ) In presence of …….. 1. 2. RECEIPT ACKNOWLEDGED to have received heretofore of and from the withinnamed Allottee/s a sum of Rs.____________ /-(Rupees________________________ Only) Being the as advance payment or deposit paid by the Allottee/s to the Promoter No Cheque Cheque Bank Name and Amount in Rs. No. Date Branch 1. 2. TOTAL /- I/WE SAY RECEIVED FOR. M/S. SHRADDHA LANDMARK PVT LTD 38 Partner WITNESSESS: 1. 2. ========================= DATED THIS DAY OF 2019 ========================= FLAT NO: ______ B E T W E E N: M/S SHRADDHA LANDMARK PVT LTD … PROMOTER A N D: … ALLOTTEE/S 39 Phone : Res : Off : AGREEMENT FOR SALE C M GANDHI ADVOCATE HIGH COURT OFFICE NO 1, 3RD FLOOR, LAKHI HOUSE, MILTON SHOWROOM, LBS MARG, BHANDUP (W), MUMBAI 400078 Email advocategandhi17@gmail.com Mobile 9820072735