AGREEMENT FOR SALE THIS AGREEMENT FOR SALE (“this Agreement”) is made and executed at Mumbai, on this ______day of ___________in the Christian Year Two Thousand and Twenty Three; BETWEEN: NIVARA INFRADEVELOPERS LLP, a limited liability partnership registered under the provisions of the Limited Liability Partnership Act, 2008 (LLP Act) (through its Partners (1) SHRI. PRASAD SHANTARAM PATIL and (2) SHRI. NILESH SHANTARAM PATIL and having its registered office at 02, Jalmeena CHS Ltd., Junction of Sahakar Road and Bajiprabhu Deshpande Marg, Vile Parle (East), Mumbai - 400057, hereinafter called the “PROMOTER”(which expression, unless it be repugnant to the context or meaning thereof be deemed to mean and include the present office bearers, their successors and assigns) of the ONE PART; AND (1) __________________, aged about __ years, having PAN _______________, (2) __________________, aged about __ years, having PAN _______________, (3) __________________, aged about __ years, having PAN _______________, All Indian Inhabitants having address at __________________, __________________, ________________________hereinafter called the "ALLOTTEE" (which term in case of individuals shall, so far as the context admits, be deemed to mean and include his/her/their respective heirs, executors and administrators and/or persons deriving title under or through him/her/them and his/her/their permitted assigns, and in case of a partnership firm, partner or partners for the time being and from time to time of such firm and survivor or survivors of them and the heirs, executors and administrators and permitted assigns of the last such survivor, and in case of incorporated bodies, its successors and permitted assigns) of the OTHER PART. 1 WHEREAS: A. The Society is the owner of immovable properties being all that piece or parcel of land admeasuring 486.62 square meters bearing Final Plot No.106 of TPS-II and C.T.S. No. 1042 of Revenue Village Vile Parle (East), Taluka Andheri, Mumbai Suburban District, situated at 5, Ajmal Road, Off. Prathana Samaj Road, Vile Parle East Mumbai – 400057 (hereinafter referred to as “the Land”) along with the building standing thereon known as VILEPARLE TRIMBAK SADAN CO- OPERATIVE HOUSING SOCIETY LIMITED. B. The building consists of ground and 4 (four) upper floors existing on the Land (“Building”) with 12 (twelve) flats admeasuring total of 5376.94 square feet of carpet area. Details of the 12 (twelve) flats are more particularly set out in Annexure A hereunder. The Land and the Building are hereinafter collectively referred to as the “Property” and is more particularly described in the Schedule hereunder written. The Property stands in the municipal records in the name of the Society. C. The Society is seized and possessed of land or otherwise well sufficiently entitled to the Property. D. As per the Development Control and Promotion Regulation, 2034 in force, it is possible to construct a new building on the Land by demolishing the Building and utilizing the floor space index (“FSI”)of the Land (hereinafter referred to as “primary FSI”) and by availing transferable development right (TDR) (hereinafter referred to as “TDR- FSI”). E. The Building has been constructed prior to 35 (thirty-five) years old and repairs are required to be carried out at regular intervals by incurring huge costs. The Society, with the consent and concurrence of the Members is therefore desirous of carrying out redevelopment on the Property by demolishing the Building and constructing a new building on the Land. The Society however does not have the financial resources, expertise or the infrastructure for undertaking the redevelopment and construction work and is therefore desirous of 2 carrying out the redevelopment and construction work in respect of the Property through a reputed Promoter of immovable properties having the requisite financial resources, expertise and infrastructure for undertaking the redevelopment and construction work in respect of the Property. F. The Society has undertaken a structural audit of the Building through Shardul Deshpande & Associates and vide sits report dated 1 December 2022, Shardul Deshpande & Associates has suggested various repairs required to be carried out to the Building. The aforesaid repairs, if carried out, will be costlier than demolishing the Building and reconstructing a new building on the Land by utilizing the FSI and TDR. G. The Society being desirous of redeveloping the Property as aforesaid invited offers from reputed developers/ builders for construction of a multi-storied building with modern amenities and facilities on the Land. H. The Society received 3 (three) proposals from 3 (three) developers and the Society, its redevelopment committee members and the Members scrutinized the offers received from the 3 (three) developers. I. The General Body of the Society scrutinized each offer, out of which offer dated 28 May 2022, revised offer dated 18 August 2022 and final offer 10 September 2022 received from the Promoter was found to be suitable to all the Members. The General Body of the Society accordingly held extensive meetings with the Promoter and on the basis of representations made by the Promoter to the General Body of the Society concluded that the Promoter has sufficient financial means and expertise in construction and came to the conclusion that the Promoter shall be appointed to undertake the redevelopment work in respect of the Property. J. The Society issued an appointment letter in favour of the Promoter for redevelopment of the Property on 25th September 2022. 3 K. The Offer was finally accepted by the Society in the Special General Body Meeting held on 23 October 2022 in presence of authorized Officer appointed by Deputy Registrar Co-operative Society, K (East) Ward and the Promoter was selected as the Promoter for redevelopment of the Property. The Society has complied with the procedure laid down by the Government of Maharashtra under section 79A of the Maharashtra Co-operative Societies Act, 1960 vide circular dated 3 January 2009 published through its Department of Co-operative Society. The Hon'ble Deputy Registrar Co-operative Society “K” (East) ward has issued Order dated 31 October 2022 for selection of the Promoter for the redevelopment of the Property. Copy of the aforesaid Order dated 31 October 2022 issued by the Hon’bleDeputy Registrar, Co-operative Society, “K” (East) Ward. The Society has represented to the Promoter that as aforesaid, at the said Special General Body Meeting held on 23 October 2022, resolutions have been passed unanimously by the Members of the Society present at the meeting and that these resolutions bind not only those members who remained present at the meeting but also those members who have not remained present at the said Special General Body Meeting. The resolution passed in the Special General Body Meeting held on 23 October 2022. L. The Promoter approached the Society and represented to the Society that it has the necessary financial resources, expertise and infrastructure for carrying out the proposed redevelopment and construction on the Property and that it is desirous of carrying out redevelopment and construction on the Property at its own costs, risks, expenses, account and responsibility inter alia by demolishing the Building standing on the Land, getting the plans, designs and specifications of the new building/s to be constructed on the Land sanctioned from the Municipal Corporation of Greater Mumbai (“MCGM”) and other governmental / statutory authorities such as Airport Authority of India, Fire Safety Department etc. and any other authority from which approvals are required but have not been listed herein. 4 M. Pursuant to the negotiations between the Society and the Promoter, the Society has agreed to grant to the Promoter, the development rights to develop the Project (as defined hereinafter) on the Land by consuming the Development Potential (as defined hereinafter) in the manner as set out herein. The Promoter has agreed to accept the development rights under development agreement registration number BDR-18-3944-2023 dated 03.03.2023 and the parties are desirous of recording their understanding in writing being these presents. N. The Promoter had made an application to the MCGM for sanction of plans for carrying out construction of a new multistoried building/s on the said property and based on such application, the MCGM had approved plans for construction on the said property (hereinafter referred to as “FSI”); and had issued an Intimation of Disapproval bearing number P-15503/2023/K/E Ward/FP/337/1/New date 12.04.2023 (hereinafter referred to as “the IOD”). A copy of the IOD is annexed hereto and marked as Annexure ‘B’. O. The MCGM has also issued a Commencement Certificate dated 10/05/2023 bearing number P-15503/2023)/K/E WARD/FP/CC/1/NEW and thereby has permitted the promoter to commence construction of the new building (hereinafter referred to as “the CC”). A copy of the CC is annexed hereto and marked as Annexure ‘C’. i. As per the IOD and approved plans dated 12/04/2023, further amended approved plans and the plans to be further approved hereafter by the MCGM, the Promoter shall be constructing on the said property, a multistoried building comprising of stilt + part 4 Upper Floors presently proposed by the Promoter (hereinafter referred to as “the Proposed Building”). The redevelopment on the said property undertaken by the Promoter by constructing thereon the Proposed Building by construction of the Proposed Building thereon, in the manner aforesaid, is hereinafter referred to as “the said Project”. The Promoter would be constructing on the said property, the Proposed Building to be known as “Vileparle 5 Trimbak SadanCo-Op. Hsg. Society Ltd.” or such other name as the Society may hereafter in its discretion deem fit. ii. The Promoter has entered into an agreement as prescribed by the Council of Architects appointing the Architect Mr. Shoaib Z. Shaikh (who is registered with the Council of Architects) and has also appointed Mr. R.D. Magdum as the structural engineer for preparing structural design and drawings and specifications of the Proposed Building. The Allottee accept/s the professional supervision of the said Architects and the said structural designer/engineer till the completion of the Proposed Building, unless such consultants are hereafter changed by the Promoter. iii. The right and entitlement of the Society to undertake redevelopment of the said property has been set out in the Title Certificate dated 04/05/2023 issued by the Advocate Mr. Abhishek Walwaikar and a copy of the said Title Certificate is annexed hereto as Annexure ‘A’ and authenticated copies of property card annexed hereto as Annexure B AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-1. i. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure C-2, AND WHEREAS the authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D. AND WHEREAS the Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. 6 The Promoter has registered the said Project of development and construction on the said property under the provisions of the Real Estate (Regulation and Redevelopment) Act, 2016 (hereinafter referred to as “RERA”), with the Maharashtra Real Estate Regulatory Authority at Mumbai under registration no. ________________ Dated __/__/______. As per RERA Project Completion Date is __/__/______. A copy of the Project Registration Certificate of the said Project is annexed hereto and marked as Annexure ‘F’. AND WHEREAS the Allottee is offered an Apartment bearing number _____ on the ____ floor, ( herein after referred to as the said “Apartment”) in the said Building called Vileparle Trimbak Sadan Chs Ltd (herein after referred to as the said Building”) being constructed by the Promoter. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building consisting of stilt and 7 upper floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the flat of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 1(a) (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee flat No. ______ of carpet area admeasuring _________ sq. metres on ________ floor in the building __________/wing (hereinafter referred to as "the flat") as shown in the Floor plan thereof hereto annexed and marked annexure C-1 and C-2 for the consideration of Rs. __________/- (Rupees __________________________ only) including Rs. __________/- (Rupees __________________________ only) being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith (the price of the flat including the proportionate price of the common areas and facilities and parking spaces should be shown separately). 7 (ii) The Promoter hereby agrees to allot covered parking space in slot no. _______ of triple stack parking to the Allottee. 1(c) The Allottee has paid on or before execution of this agreement a sum of Rs. __________/- (Rupees __________________________ only) (not exceeding 10% of thetotal consideration) as advance payment or application fee and hereby agrees to pay tothe Promoter the balance amount of Rs. __________/- (Rupees __________________________ only) in the following manner :- (i) Amount of Rs. __________/- (Rupees __________________________ only) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement (ii) Amount of Rs. __________/- (Rupees __________________________ only) (not exceeding 45% of the total consideration) tobe paid to the Promoter on completion of the Plinth of the building or wing inwhich the said flat is located. (iii) Amount of Rs. __________/- (Rupees __________________________ only) (not exceeding 70% of the total consideration) tobe paid to the Promoter on completion of the slabs including podiums and stilts of the building or wing in which the said flat is located. a. Rs. __________/- of consideration on completion of 1st Slab of the building in which the said flat is located. b. Rs. __________/- of consideration on completion of 2nd Slab of the building in which the said flat is located. c. Rs. __________/- of consideration on completion of 3rd Slab of the building in which the said flat is located. d. Rs. __________/- of consideration on completion of 4th Slab of the building in which the said flat is located. e. Rs. __________/- of consideration on completion of 5th Slab of the building in which the said flat is located. 8 f. Rs. __________/- of consideration on completion of 6th Slab of the building in which the said flat is located. g. Rs. __________/- of consideration on completion of 7th Slab of the building in which the said flat is located. h. Rs. __________/- of consideration on completion of 8th Slab of the building in which the said flat is located. (iv) Amount of Rs. __________/- (Rupees __________________________ only) (not exceeding 75% of the total consideration)to be paid to the Promoter on completion of the walls, internal plaster, floorings, doors and windows of the said flat. (v) Amount of Rs. __________/- (Rupees __________________________ only) (not exceeding 80% of the total consideration)to be paid to the Promoter on completion of the Sanitary fittings, staircases, liftwells, lobbies upto the floor level of the said flat. (vi) Amount of Rs. __________/- (Rupees __________________________ only) ( not exceeding 85% of the total consideration) to bepaid to the Promoter on completion of the external plumbing and externalplaster, elevation, terraces with waterproofing, of the building or wing in whichthe said flat is located.. (vii) Amount of Rs. __________/- (Rupees __________________________ only) (not exceeding 95% of the total consideration) tobe paid to the Promoter on completion of the lifts, water pumps, electricalfittings, electro, mechanical and environment requirements, entrance lobby/s,plinth protection, paving of areas appertain and all other requirements as maybe prescribed in the Agreement of sale of the building or wing in which thesaid flat is located. (viii) Balance Amount of Rs. __________/- (Rupees __________________________ only)against and at the time of handing over ofthe possession of the flat to the Allottee on or 9 after receipt of occupancycertificate or completion certificate. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Goods and Service Tax, Value Added Tax, Service Tax, and Cess or any other similartaxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of theflat. 1(e) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competentauthority Local Bodies/Government from time to time. The Promoter undertakes andagrees that while raising a demand on the Allottee for increase in developmentcharges, 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 onlybe applicable on subsequent payments. 1(f) The Promoter may allow, in its sole discretion, a rebate for early payments of equal instalments payable by the Allottee by discounting such early payments @___ % per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. 1(g) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in thecarpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess 10 money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1(h) The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. Note: Each of the instalments mentioned in the sub clause (ii) and (iii) shall befurther subdivided into multiple instalments linked to number ofbasements/podiums/floors in case of multi-storied building /wing. 2.1 The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the flat to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the flat. 2.2 Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the flat to the Allottee and the common areas to Promoter after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 (c) herein above. (“Payment Plan”). 11 3. The Promoter hereby declares that the Floor Space Index available as on date inrespect of the project land is ________ square meters only and Promoter has planned to utilize Floor Space Index of ______ by availing of TDR or FSI availableon payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectationof increased FSI which may be available in future on modification to DevelopmentControl Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of _______ as proposed to be utilized by him on theproject land in the said Project and Allottee has agreed to purchase the said flatbased on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the flat to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter . 4.2 Without prejudice to the right of Promoter to charge interest in terms of sub clause 4.1 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of instalments, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of 12 his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, Promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the instalments of sale consideration of the flat which may till then have been paid by the Allottee to the Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoter in the said building and the flat as are set out in Annexure ‘E’, annexed hereto. 6. The Promoter shall give possession of the flat to the Allottee on or before__/__/_________. If the Promoter fails or neglects to give possession of the flat to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the flat with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of flat on the aforesaid date, if the completion of building in which the flat is to be situated is delayed on account of – (i) war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project. 13 (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1 PROCEDURE FOR TAKING POSSESSION: The Promoter , upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the flat, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the promoter shall give possession of the flat to the Allottee. The promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter. The Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of the flat within 15 days of the written notice from the promotor to the Allottee intimating that the said Apartments are ready for use and occupancy: 7.3 Failure of Allottee to take Possession of flat: Upon receiving a written intimation from the promoter as per clause 7.1, 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 7.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the flat to the Allottee, 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. 14 8. The Allottee shall use the flat or any part thereof or permit the same to be used only for purpose of residence. He shall use the parking space only for purpose of keeping or parking its own vehicle. 9. The Allottee along with other allottee(s)s of Apartments 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 proposed 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 organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. 15 in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed 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 outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. ......... per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts :- 1 Rs. ______/- being amount towards Rs.____/- share money and Rs._____/-towards entrance fee for the membership of the society. 2 Rs. ______/- being charges towards for formation and registration of the society 3 Rs. ______/- being proportionate share of taxes and other charges/levies in respect of the society or sinking fund etc.(Rs ___/- Per RERA Sq. Ft. Carpet Area) 16 4 Rs.______/- towards Maintenance deposit of Rs __/- Per Sq. Ft. for 12 months for provisional monthly contribution towards outgoings of society 5 Rs. ______/- For deposit towards Water, Electric and other utility and services connection charges & 6 Rs._______/- For deposits of electrical receiving and sub Station provided in layout 11. The Allottee shall pay to the Promoter a sum of Rs. ................ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the 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 document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby presents and warrants to the Allottee as follows: i. The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, 17 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 litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said flat which will, in any manner, affect the rights of Allottee under this Agreement; 18 viii. 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; ix. At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas o f the Structure to the Association of the Allottees; x. The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 14. The Allottee or himself/themselves with intention to bring all persons into whosoever hands the flat may come, hereby covenants with the Society as follows :- i. To maintain the flat at the Allottee'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 19 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 staircases, 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 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 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 and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the 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 condition, 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, Pardis or other structural members in the flat without the prior written permission of the Promoter .. 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 20 and the building in which the flat is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said flat in the compound or any portion of the project land and the building in which the flat is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the flat is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the flat by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the flat until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. x. The Allottee shall observe and perform all the rules and regulations which the Society may adopt and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye- laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society 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-goings in accordance with the terms of this Agreement. 21 xi. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, The Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received on account of the share capital or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the flat hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the flat and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and 22 interest of the Allottee who has taken or agreed to take such flat. 18. BINDING EFFECT Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said flat/building, as the case may be. 20. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 21. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE/SUBSEQUENT ALLOTTEES 23 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 of a transfer, as the said obligations go along with the flat for all intents and purposes. 22. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 23. 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 [Apartments/Plots] in the Project. 24. FURTHER ASSURANCES Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 25. PLACE OF EXECUTION 24 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 at some other place, which may be mutually agreed between the Promoter and the Allottee in ________ after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Mumbai. 26. 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. 27. That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D andnotified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee __________________________________________ (Allottee’s Address) __________________________________________ __________________________________________ Notified Email ID Name of Promoter Nivara Infradevelopers LLP (Promoter s Address) 02, Ground Floor, Jalmeena CHS Ltd. Jn. of Bajiprabhu Deshpande Marg &Sahakar Road, Vile Parle (East), Mumbai – 400 057. Notified Email ID nivara04gc@gmail.com 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 25 be deemed to have been received by the Promoter or the Allottee, as the case may be. 28. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 29. STAMP DUTY AND REGISTRATION The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 30. DISPUTE RESOLUTION Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Real Estate Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 31. GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the Mumbai courts will have the jurisdiction for this Agreement THE FIRST SCHEDULE (A) Description of the said property All that piece and parcel of land bearing Final Plot No 106 of Town Planning Scheme II, bearing C.T.S. No 1042 of Revenue Village Vile Parle (East), admeasuring 486.62 square meters plot bearing situate, lying and being at Vile Parle (East), Taluka Andheri, Mumbai Suburban District, situated at 5, Ajmal Road, Off Prathana Samaj Road, Vile Parle East Mumbai – 400057 Taluka Andheri, Mumbai Suburban District together with the structures then standing thereon known as VILEPARLE TRIMBAK SADAN CO-OPERATIVE HOUSING SOCIETY LIMITED. and bounded as follows: 26 On or towards the East : SAHAKAR NIWAS (DABHOLKAR WADI) On or towards the West : RUGVEDI APARTMENT On or towards the North : PRATHANA SAMAJ CROSS ROAD & VAIKUNTH APARTMENT On or towards the South : AJMAL ROAD THE SECOND SCHEDULE (B) Description of the said Flat Flat No. ___/____ admeasuring ______ square feet carpet area situated on the ________floor of the proposed building known as “VILEPARLE TRIMBAK SADAN CO-OPERATIVE HOUSING SOCIETY LIMITED” comprising of local basement stilt plus 7 (seven) upper floors plus terrace and common areas and facilities to be constructed on all that piece and parcel of land bearing Final Plot No 106 of Town Planning Scheme II, bearing C.T.S. No 1042 of Revenue Village Vile Parle (East), admeasuring 486.62 square meters, situate, lying and being at Vile Parle (East), Taluka Andheri, Mumbai Suburban District together with One car parking spaces situated on the ground floor of the aforesaid Project. IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribe their respective hands on the day and year the first above written. SIGNED AND DELIVERED by ) PHOTO the within named Promoter : ) NIVARA INFRA PROMOTER LLP ) And signed by the Partners ) Mr. Prasad Patil ) Mr.Nilesh Patil ) in presence of two independent witnesses ) 2. SIGNED AND DELIVERED ) PHOTO By the within named “Allottee” ) (1) ___________________________ ) (2) ____________________ (3) ____________________ ) in presence of two independent witnesses ) 1. 2. ANNEXURE – A 27 Title Report ANNEXURE –B (Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoter to the project land). ANNEXURE –C-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority ) ANNEXURE - C-2 (Authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project ) ANNEXURE -D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE – E (Specification and amenities for the Apartment), ANNEXURE –F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) RECEIPT Received of and from the Allottee above named the sum of Rupees ............... on execution of this agreement towards Earnest Money Deposit or application fee I say received. The Promoter/s. NIVARA INFRADEVELOPERS LLP 28