AGREEMENT FOR SALE This Agreement made at...........this........day of. in the year Two Thousand and Twenty Three between M/S. SHREEDHAM DEVELOPERS, a Partnership firm, duly registered under the provisions of Indian Partnership Act, 1932 under Registration No.BA107088 dated 26/09/2012, Pan No.:- ABVFS2763A,hereinafterreferred to as "the Promoter” of the One Part and (……………..........................) having address at ................................. Herein after referred to as "the Allottee" of the Other Part. WHEREAS: A. B. a) The Maharashtra Housing And Area Development Authority, a Statutory Authority, constituted under the Maharashtra Housing and Area Development Act, 1976, having its office at Griha Nirman Bhavan, Kala Nagar, Bandra (E), Mumbai, (hereinafter referred to as “MHADA”) had pursuant to scheme, introduced by Government of India, build buildings for Construction and Allotment of tenements on Ownership basis. C. D. b) The MHADA had built a Building No. 90, comprising of 32 numbers of tenements on Ground +3 floors in which all 32 are residential premises on the Land bearing Survey No.236- A, C.T.S. No.184 of Pant Nagar, Village Ghatkopar Kirol, Taluka – Kurla, Ghatkopar (East), Mumbai – 400 075, (hereinafter referred to as the “said plot” and building no. 90 is hereinafter referred to as “said Building”), more particularly 1 described in the Schedule E. hereunder written, for housing persons belonging to L.I.G. as provided in its scheme and allotted the said 32 tenements in that building to 32 numbers of individual allottees. The said plot along with said building is hereinafter collectively referred to as “The said property”; F. G. c) The said 32 allottees have formed themselves into a Co- operative Housing Society called as the PANTNAGAR SUNSHINE CO- OPERATIVE HOUSING SOCIETY LTD. H. I. d) By Indenture of Lease dated 01/04/1980 entered by and between Maharashtra Housing and Area Development Authority (MHADA), being the Lessor therein and the Society herein, being the Lessee therein, the said Lessor leased the said plot of land, more particularly described in the Schedule hereunder written, for period of 99 years, commencing from 01/04/1980 on rent and terms and conditions, more particularly mentioned in the said Lease Deed to the Society. The said Indenture of Lease is registered with the office of Sub-Registrar of Assurances, Mumbai. J. e) By the Deed of Sale dated 08/01/1987 entered by and between the Maharashtra Housing and Area Development Authority, (MHADA),being “The Authority” therein and PANTNAGAR SUNSHINE CO- OPERATIVE HOUSING SOCIETY LTD. herein, being “The Society” therein, the said Authority sold and/or conveyed its right, title and interest in said Building to the Society herein, on terms, conditions and covenants therein appearing. The said Deed of Sale is registered with the office of Sub-Registrar of Assurance– Bandra, Mumbai, under Sr. No. 7799. 2 K. f) The Society is thus absolutely seized and possessed and/or otherwisewell and sufficiently entitled to the said land and the building asaforesaid as owner thereof; L. M. REDEVELOPMENT PROCESS: N. g) The said building is now in dilapidated condition and has been declared as dangerous by MHADA/BMC. O. The members of the Society, at their Special General Body Meeting dated30/12/2009, resolved to redevelop the said property andconstruct new building in place of old dilapidated existing building, availing maximum FSI/TDR and/ or layout FSI as may be available in accordance with various Government directives including directive dated 03/01/2009 issued under section 79A of Maharashtra Co- Operative Societies Act - 1960. P. Some members of the Society are not in sound financial position to shell out the huge sum of money for redevelopment and hence it was decided in the Special General Body Meeting dated 30/12/2019 , to invite proposals from reputed builders and developers to develop the Society’s building, by utilizing existing FSI of the said plot as also the F.S.I., which may be available in form of tit-bit and Layout F.S.I. to be allotted by MHADA on pro-rata basis and as per New DCR regulation as amended up to date considering the maximum Plot potential, the FSI available on the Plot, the Fungible FSI available on the Plot and any other permissible FSI as per rules and regulations of the Competent Authority applicable on the said property for the Development purpose and shall give unto the existing members of theSociety, new units free of cost on Ownership basis, as more particularly stated hereinafter. 3 Q. l) In the Special General Body Meeting held on 17/03/2021, the offer received from the Developers viz. SHREE DHAM DEVELOPERS,was found most suitable and the same was accepted by the Special General Body with negotiations and modifications of some clause and amenities as mentioned in the Offer unanimously. R. m) Further, the Resolution passed in Special General Body Meeting held on 30/12/2019, authorized its Managing Committee to take necessary steps and to execute necessary papers, Agreement, Power of Attorney and documents on behalf of the Society in favour of the Developer. S. Pursuant to the said Resolution dated 17/03/2021, passed by special general body meeting, unanimously decided to appoint the Developers, for the purpose of Redevelopment of the said property T. U. Accordingly, the General Body issued appointment Letter to SHREE DHAM DEVELOPERS, on 17/03/2021 which was duly accepted by the Developer. V. The Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects. W. The Promoter has appointed structural Engineer, who is duly 4 registered for preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building. X. MHADA has issued IOA Dated 4th july, 2022. Y. MHADA vide letter bearing No. dated issued theCommencement Certificate for work upto plinth as per the IODPlans. A copy of the Commencement Certificate dated issued by MHADA is annexed hereto and marked as Annexure “ . AA. By a Title Certificate dated 24th June 2023 issued by the Promoter’s Advocate Ms. Jagruti Deshmukh in respect of the said Property, the development rights of the Property was investigated 5 and certified that the Promoter is absolutely entitled to thedevelopment rights in respect of the Property subject to the rights of the existing Members. A copy of the Title Certificate is annexed hereto and marked as Annexure “ ”. BB. By virtue of the Development Agreement Dated 11th april,2023, the Promoter has sole and exclusive right to sell the flats to be constructed in the new building known as “90 NIRVAANA” (the “Building”) by the Promoter on the Property and to enter into agreements in respect thereof with the purchasers. CC. Further, the Promoter executed Agreements for Permanent Alternate Accommodation with the respective Existing Members/ Occupant. DD. Upon demand from the Allottee, the Promoter granted inspection to the Allottee of all the documents of title relating to the Property, plans, designs and specifications prepared by the Promoter’s Architects and of such other permissions, sanctions, certificates, etc. hereinbefore recited, and all such other documents as are specified under the Real Estate (Regulation and Development) Act, 2016 (RERA Act) and the rules and regulations made thereunder. The Allottee has carried out his independent search by appointing his advocate and satisfied himself about the title of the Promoter to the Property. EE. The plans, elevations, sections and details of the Building proposed to be constructed by the Promoter on the Property have been approved and sanctioned by MHADA and the RERA Authority, as required. The Promoter shall obtain the balance approvals from various authorities from time to time so as to obtain Occupation Certificate (OC) of the Building. FF. The Allottee, with full notice of the provisions/contents of the 6 documents referred to hereinabove and verification of the sanctioned plans, with respect to the aforesaid Building and the premises therein proposed to be constructed by the Promoter on the said Property and with full knowledge of the terms and conditions herein, has approached the Promoter for allotment and sale of the Flat No. on the floor of the Building admeasuring sq. mtrs. equivalent to Sq.ft. Carpet Area (RERA Carpet) alongwith car parking(s) as per the approved plans and the fixtures, fittings and amenities (the “Flat” more particularly described inSCHEDULE II hereunder written) on the terms and conditions appearing hereinafter. GG. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the said Flat on the terms and conditions stipulated hereunder. HH. The Promoter is entitled and enjoined upon to construct buildings on the Property in accordance with the recitals hereinabove; II. The Promoter is in possession of the Property; JJ. The Promoter has proposed to construct on the Property the Building known as “90 NIRVAANA” consisting of Stilt + 16 Floors, in accordance with the plans, designs and specifications approved by the concerned local authority from time to time. KK. The Allottee is offered an Apartment bearing number on the floor, (hereinafter referred to as the said “Apartment”) inthe building called 90 NIRVAANA (hereinafter referred to as the said “Building”) being constructed by the Promoter. LL. By virtue of the Development Agreement/Power of Attorney the Promoter has sole and exclusive right to sell the Apartments in the said Building to be constructed by the Promoter on the Property andto enter into Agreement/s with the allottee(s)/s of the Apartments to receive the sale consideration in respect thereof; 7 MM. On demand from the Allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the Property and the plans, designs and specifications prepared by the Promoter's Architect and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; NN. The authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the Property on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure ' ' and ' ' respectively. OO. The authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure. PP. The authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the building and open spaces are proposed to be provided for on the Property have been annexed hereto and marked as Annexure, QQ. 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 RR. 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 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; SS. While sanctioning the plans, the concerned local authority and/or 8 Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the Property and the aforesaid Building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said Building shall be granted by the concerned local authority. TT. The Promoter has accordingly commenced construction of the aforesaid Building in accordance with the said proposed plans. UU. The Allottee has applied to the Promoter for allotment of an Apartment No. ......... on ........floor in wing situated in the Building called 90 NIRVAANA constructed on the Property. VV. The carpet area of the said Apartment is square meters and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the Apartment. WW. The Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms,conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; XX. Prior to the execution of these presents the Allottee has paid to the Promoter a sum of Rs..................... (Rupees ................... ) only, being part payment of the sale consideration of the Apartment agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to 9 the Promoter the balance of the sale consideration in the manner hereinafter appearing. YY. The Promoter has registered the Project under the provisions of the Real Estate (Regulation and Development) Act, 2016 (the “RERA Act”) and the rules and regulations made thereunder with the Real Estate Regulatory Authority (“RERA Authority”) at _ under registration number . An authenticated copy of the RERA registration certificate is attached hereto and marked as Annexure “ ”. ZZ. Under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. AAA. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the (Apartment) and the garage/covered parking(if applicable). 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 known as “90 NIRVAANA” on the Property, consisting of Stilt + 16 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 Apartment 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 10 Promoter hereby agrees to sell to the Allottee Apartment No. ............... of the type .............. of carpet area admeasuring .................... sq. metres on ............ floor in the building (hereinafter referred to as "the Apartment") as shown in the Floorplan thereof hereto annexed and marked Annexures and for the consideration of Rs. ........................................... including Rs. .................. 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 Schedule III annexed herewith. (the price of the Apartment including the proportionate price of the common areas and facilities and parking spaces should be shown separately). (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee garage bearing Nos situated at Basement and/or stilt and /or podium being constructed in the layout for the consideration of Rs. /- (iii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee tower parking / mechanical parking spaces (Car Parking Space) bearing Nos situated at Basement and/or stilt and /or podium being constructed in the layout for the consideration of Rs. /-. 1(b) The total aggregate consideration amount for the Apartment including Car Parking Space is thus Rs. /- 1(c) The Allottee 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 11 amount of Rs ............................( Rupees ......................................) in the following manner :- i. Amount of Rs......../-(........) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement ii. Amount of Rs......./-(..........) (not exceeding 45% of the total consideration) to be paid to the Promoter on completion of the Plinth of the building in which the said Apartment is located. iii. Amount of Rs....../-(...........) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the slabs including podiums and stilts of the building in which the said Apartment is located. iv. Amount of Rs......./-(.............) (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 Apartment. v. Amount of Rs........./- (...........) (not exceeding 80% of the total consideration) to be paid to the Promoter on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi. Amount of Rs....../-(.....) ( not exceeding 85% of the total consideration) to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Apartment is located. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the Promoter on 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 maybe prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. 12 viii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes 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 the Apartment. 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 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. 1(f) The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment 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 13 furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by 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 installments mentioned in the sub clause (ii) and (iii) shall be further subdivided into multiple installments linked to number of basements/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 Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 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 14 over the Apartment to the Allottee and the common areas to the association of the allottees 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 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 clause 1(c) herein above. (“Payment Plan”). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and Promoter has planned to utilize Floor Space Index of by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification toDevelopment Control 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 the project land in the said Project and Allottee has agreed to purchase the said Apartment based 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 Apartment 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 15 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 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 installments of sale consideration of the Apartment 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 Apartment as are set out in Annexure, annexed hereto. 16 6. The Promoter shall give possession of the Apartment to the Allottee on or before................. day of ..............20 . If the Promoter fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid datethen the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Apartment with interest at the same rate as may mentioned in the clause 4.1 hereinabove 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 Apartment on the aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of – (i) war, civil commotion or act of God ; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1. Procedure for taking possession - The 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 Apartment, 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 Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case offailure 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 or association of allottees, as the case may be. 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. 17 7.2. The Allottee shall take possession of the Apartment 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 Apartment: Upon receiving a written intimation from the Promoter as per clause 8.1, the Allottee shall take possession of the Apartment 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 Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 8.1 such Allottees hall 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 Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defectsshall 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. 8. The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of residential use. He shall use the garage or parking space only for purpose of keeping or parking 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 to beknown by such name as the Promoter may decide and for this purpose also from time-to-time sign and execute the application for registration 18 and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association 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, as the case maybe, or any other Competent Authority. 9.1. The Promoter shall, within three months of registration of the Society or Association, as aforesaid, cause to be transferred to the society all the right, title and the interest of the 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, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Promoter and/or the owners of the Property on which the building is 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. in proportion to the carpet area of the Apartment) of outgoings in respect of theproject land and Building 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 19 building. Until the Society is formed and the said structure of the building 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 thePromoter 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 the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society, 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:- (i) Rs. ...................... for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. ................... for formation and registration of the Society or Limited Company/Federation/ Apex body. (iii) Rs. ...................... for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/Apex body (iv) Rs. ………………for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs………………. For Deposit towards Water, Electric, and other utility and services connection charges ,and (vi) Rs for deposits of electrical receiving and Sub Station Provided in Layout. 20 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 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, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society on such conveyance or lease or any document or instrument of transfer in respect of the structure of the building. At the time of registration of conveyance or Lease of the Property, 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 represents and warrants to the Allottee as follows: (i) The Promoter has clear and marketable title with respect to the Property; as declared in the title report annexed to this Agreement and has the requisite rights to carry out development upon the Property and also has actual, physical and legal possession of the Property 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; 21 (iii) There are no encumbrances upon the Property 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 the arbitration proceedings between the Society and the Erstwhile Developer. However, there is no injunction or prohibitory order against the Society restraining them from developing the Property. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, Property and said Building 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, Property and Building shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be incompliance with all applicable laws in relation to the Project,Property, Building 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 Property including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment 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, 22 vacant, peaceful, physical possession of the common areas of the Building 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 Property 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 Property) has been received or served upon the Promoter in respect of the Property and/or the Project except those disclosed in the title report. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants withthe Promoter as follows:- (i) To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the Building in which the Apartment 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 Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. (ii) Not to store in the Apartment 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 Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy 23 packages which may damage or likely to damage the staircases, common passages or any other structure of the Building in which the Apartment is situated, including entrances of the Building in which the Apartment is situated and in case any damage is caused to the Building in which the Apartment is situated or the Apartment 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 Apartment and maintain the Apartment 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 Apartment is situated or the Apartment 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 Apartment 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 Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the Building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment 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 Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pard is or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society. (v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Property and the Building in 24 which the Apartment 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 Apartment in the compound or any portion of the Property and the Building in which the Apartment 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 Apartment 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, onaccount of change of user of the Apartment by the Allottee for any purposes other than for purpose for which itis 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 possessionof the Apartment 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 or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said Building and the 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/Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually 25 towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. (xi) Till a conveyance of the structure of the Building in which Apartment is situated is executed in favour of 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 Building or any part thereof to view and examine the state and condition thereof. (xii) Till a conveyance of the Property on which the aforesaid 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 Property 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 for the promotion of the Co-operative Society or association 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 Apartment or of the said Building or any part thereof. The Allottee shall have no claim save and except in respect of the Apartment 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 or other body and until the Property is transferred to the Apex Body /Federation as herein before mentioned. 26 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE: After the Promoter executes this Agreement it shall not mortgage or create a charge on the Apartment and if any such mortgage or charge is made or created then not withstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such Apartment. 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 there with including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 19. ENTIRE AGREEMENT This Agreement, alongwith 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 27 any, between the Parties with regard to the Apartment / 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 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 Apartment/Building, in case of a transfer, as the said obligations go alongwith the Apartment/ Building 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 theAgreement 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 WHEREVERREFERRED 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 Apartment/Building to the total carpet area of all the Apartments/Building in the Project. 24. ASSURANCES 28 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 thisAgreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 25. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the 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 dulyexecuted 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 executedat . 26. The Allottee and/or Promoter shall present this Agreement as well as the conveyance/assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the 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 and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee : (Allottee’s Address): Notified Email ID: 29 Promoter name : (Promoter Address) : Notified Email ID: 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. 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. Incase 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) 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 appropriate courts will have the jurisdiction for this Agreement. 30 IN WITNESS WHEREOF, the Parties hereinabove named have set their respective hands and signed this Agreement for sale at in the presence of attesting witness, signing as such on the day first above written. SCHEDULE I HEREINABOVE REFERRED TO (Description of the Property) ALL THAT piece or parcel of land being Plot No.543, admeasuring 633 square yards, equivalent to 534.70 square meters bearing C.T.S No.1463, 1463/1 to 1463/4, Suburban Scheme III, Village Chembur, Mumbai Suburban District, 11th Road, Chembur, Mumbai 400 071 along with old building which wasstanding thereon being “Dev Daya” being a residential building having ground plus 2 (Two) upper floors comprising of 12 (Twelve) residential units/flats within the limits of Greater Mumbai in the district and registration sub-district of Mumbai City and Mumbai Suburban and bounded as follows that is to say: On or towards North by : Plot No.523 On or towards South by : 11th Road On or towards East by : Plot No.542 On or towards West by : Plot No.544 SCHEDULE II HEREINABOVE REFERRED TO (Description of the Flat) Flat No. on floor, admeasuring about sq. mtrs. equivalent to sq. ft. carpet area (RERA Carpet) in the Building known as “DEV DAYA HARMONY” to be constructed on the Property described in the First Schedule. SCHEDULE III HEREINABOVE REFERRED TO (Description of the Common Areas and Facilities) 31 SIGNED AND DELIVERED ) by the within named “ALLOTTEE” ) (including joint buyers) ) (1) ) (2) ) At on in the presence of WITNESSES ) 1. Name Signature 2. Name Signature SIGNED AND DELIVERED ) By the within named “PROMOTER” ) M/s. BEST BUILDERS & DEVELOPERS ) By hands of its Proprietor ) Mr. BHASKAR THIAGARAJAN IYER ) In the presence of ) 1. ) 2. ) Note: Execution clauses to be finalised in individual cases having regard to the constitution of the parties to the Agreement. 32