1 For clients Review/231023/First Note: This Draft is as per recent directions of RERA. Thus, based on your final suggestions, we shall prepare the report of Deviation and shall let you know further formalities. Annexure ‘A’ Model Form of Agreement to be entered into between Promoter and Allottee(s) (See rule 10(1)) EXPLANATORY NOTE This is a model form of Agreement, which may be modified and adapted in each case having regard to the facts and circumstances of respective case but in any event, matter and substance mentioned in those clauses, which are in accordance with the statute and mandatory according to the provisions of the Act shall be retained in each and every Agreement executed between the Promoter and Allottee. Any clause in this agreement found contrary to or inconsistent with any provisions of the Act, Rules and Regulations would be void ab-initio. Model Form of Agreement AGREEMENT FOR SALE THIS AGREEMENT FOR SALE (“said Agreement”) is made at Mumbai on this _____ day of _______ in the Christian Year Two Thousand and Twenty-Three (2023); BY AND BETWEEN; M/s. BALI SPACES LLP, (LLP Identification Number AAC – 7047) a Limited Liability Partnership, having its Registered Office at Office No. 04, 1 st Floor, A Wing, Onkar, General A. K. Vaidya Marg, Dindoshi, Malad (East), Mumbai 400 097 through its Designated Partner SHRI SUSHANT VIJAY PARMAR, hereinafter referred to as 2 “PROMOTER/S” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their partners from time to time, heirs, executors, administrators and assigns) of the FIRST PART; AND Shri. /Smt. _________________________________________ aged about _______ years, Indian Inhabitant at present residing at __________________________________________________________________________ ______., hereinafter referred to as “THE PURCHASER/ALLOTEE/S” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his/her/their executors, administrators, successors and permitted assigns) of the OTHER PART/S;. WHEREAS: (A) The Jawahar Nagar Co-operative Housing Society Ltd., a society registered at No. B-323 to 1947, under the provisions of Section 10 of THE BOMBAY ACT, VII of 1925 and deemed to be registered under the provisions of Maharashtra Co-operative Societies Act, having it's office at 27, Jawahar Nagar, S. V. Road, Goregaon (West), Mumbai 400104 (hereinafter referred to as THE SAID PARENT SOCIETY) is lawful owner of the entire estate of Jawahar Nagar, bearing Survey Nos. 105, 110 and 146 to 147 including a plot of land being Plot No. 163 of the Common Layout Scheme Known as „Jawahar Nagar‟ bearing Survey No. 110A, Hissa No. 2 now corresponding to CTS No. 638, 638/1 to 12 admeasuring 688.10 Sq. Mtrs. as per P. R. Card (Property Register Card) or thereabout in aggregate (after deduction of 63.40 Sq. Mtrs. area affected under the set-back for widening of the Road No. 2 as per P. R. Card) situate, being and lying in Revenue Village Pahadi – Goregaon (West), Taluka Borivali in the Registration District and Sub-District of Mumbai City and Mumbai Suburban situated at Jawahar Nagar, Goregaon (West), Mumbai – 400 104 (Old number – 400 062) more particularly described in the Schedule of 3 Property hereunder written (hereinafter for the sake brevity referred to as "the said Land"). (B) By and under a Deed of Lease dated 1st October 1948 registered with the Sub- Registrar of Assurances at Bandra, Bombay executed between Jawahar Nagar Co- op. Housing Society Ltd. (therein referred to as „the Lessor‟) and Shri Kantilal Shamaldas Doshi (therein referred to as „the Lessee‟), the Principal/Parent Society demised unto the said Kantilal Shamaldas Doshi, by way of a lease for a period of 998 years, a plot of land being Plot No. 163 of the Common Layout Scheme Known as „Jawahar Nagar‟ bearing Survey No. 110A, Hissa No. 2 now corresponding to CTS No. 638, 638/1 to 12 admeasuring 688.10 Sq. Mtrs. as per P. R. Card (Property Register Card) or thereabout in aggregate (after deduction of 63.40 Sq. Mtrs. area affected under the set-back for widening of the Road No. 2 as per P. R. Card) situate, being and lying in Revenue Village Pahadi – Goregaon (West), Taluka Borivali in the Registration District and Sub-District of Mumbai City and Mumbai Suburban situated at Jawahar Nagar, Goregaon (West), Mumbai – 400 104 (Old number – 400 062) and more particularly described in the Schedule hereunder (hereinafter referred to as „the said Property‟) for the consideration and on the terms and conditions mentioned therein. (C) The Jawahar Nagar Co-operative Housing Society Ltd. had admitted the said Lessee i.e. Kantilal Shamaldas Doshi as a bonafide allottee member of the Principal/Parent Society and he was issued 10 (Ten) Shares of Rs.10/- each aggregating to Rs.100/- bearing Distinctive Nos. 1781 to 1790, under Share Certificate No. 179 (hereinafter called „the said Shares‟) coupled with rights to occupy and possess the Larger Property as a Lessee thereof; (D) The said Property was falling in „the Residential Zone‟, however, an area 63.40 sq. mtrs. got affected under the set-back for widening of the Road No. 2, under the Development Plan the then published and sanctioned by the State Government. Therefore, ultimately the set-back area to the extent of 63.40 sq. mtrs. to be handed over to M.C.G.M.; 4 (E) The said Kantilal Shamaldas Doshi on or about on 18/05/1958 with the consent of said Parent Society demised unto one Shri. Jankilal Shaligram (said Jankilal) and Shri. Ramchandra Shaligram the said property/plot of land upon terms, conditions and consideration more particularly recorded therein between them. Subsequently, Shri. Jankilal Shaligram and Shri. Ramchandra Shaligram on or about on 16/10/1959 with the consent of said Parent Society demised unto Shri. Jankilal Shaligram the said property/plot of land upon terms, conditions and consideration more particularly recorded therein between them. (F) The said Shri. Jankilal Shaligram (said Jankilal) initiated necessary steps for development of the said Property and accordingly, the said Jankilal got necessary approval/sanction/amendment of the plans from the Municipal Corporation of Greater Mumbai for the construction of the new building on the said Plot of land and accordingly as per the sanctions and approvals, said Jankilal constructed the building thereon consisting of ground and two upper floors; (G) Thereafter, said Shri. Jankilal Shaligram (said Jankilal) agreed to assign and transfer the said property alongwith the said constructed building thereupon and accordingly said Jankilal on or about on 22-06-1963 sold assigned and transferred all his right, title and interest in respect of said property in favour of one Mr. Manubhai Sutaria with the consent of the said parent society upon terms, conditions and considerations decided therein. (H) Consequently, said Shri. Manubhai Sutaria also agreed to sell, assign and transfer the said property alongwith the said constructed building thereupon and accordingly said Manubhai Sutaria in or about on 23rd January, 1976 sold, assigned and transferred all his right, title and interest in respect of said property alongwith appurtenances in favour of one Smt. Yoginiben B. Barot and Jitendrakumar S. Brahmbhatt (said Yoginiben and Jitendrakumar) with the consent of the said parent society upon terms, conditions and considerations decided therein. (I) Said Yoginiben and Jitendrakumar initiated necessary steps for construction of third upper floor being residential premises on the existing building of ground plus two upper floors, with further provision for construction on third floor on the said 5 Property and in furtherance, the said Yoginiben and Jitendrakumar got necessary approval/ sanction/ amendment of the plans from the concerned Municipal Corporation of Greater Mumbai for the construction of the third floor on the existing building consisting of ground and two upper floors on the said Property/Plot of land together with the proportionate benefits of FSI in lieu of set- back area affected for widening of Road No. 2, in accordance with the then prevailing Development Control Regulations; (J) Subsequently, said Yoginiben and Jitendrakumar in accordance with the said sanctioned building plans commenced the construction work of the said proposed third floor however, due to unexpected inconvenience they failed to proceed promptly with the said construction of proposed third floor and to complete the same and the said proposed constructed was halted. (K) Thereafter, the Developers being one Shri. Kirit D. Doshi, (2) Bhagirath D. Doshi and Shri Bhupesh D. Doshi requested the said Yoginiben and Jitendrakumar to permit them to continue and carry out the remaining construction or to reconstruct and complete the construction of proposed third upper floor and to sell the newly constructed residential premises to be constructed on the third floor to the said Developer therein on ownership basis in the said existing building and accordingly said Yoginiben and Jitendrakumar (therein referred to as the said “Owners”) vide Agreement for Development thereby granted the development rights in favour of Shri Kirit D. Doshi, Shri Bhagirath D. Doshi and Shri Bhupesh D. Doshi (therein referred to as the said Developers) to complete the construction of the said proposed third floor on the said building and said Yoginiben and Jitendrakumar (therein referred to as the said “Owners”) vide Agreement for Sale agreed to sell the said newly constructed residential premises to be constructed on third floor to Shri. Kirit D. Doshi, (2) Bhagirath D. Doshi and Shri Bhupesh D. Doshi (therein referred to as the said Purchasers) upon terms, conditions and considerations more particularly recorded therein. 6 (L) As such, Shri Kirit D. Doshi, Shri Bhagirath D. Doshi and Shri Bhupesh D. Doshi (therein referred to as the said Developers) constructed the third floor on the said existing building now known as ‘Sutaria Bldg’ [consisting of ground plus two plus three part upper floors without lift, having 25 (Twenty Five) residential flats and 4 (Four) Shops, and 2 (Two) Garages in all 31 (Thirty One) units], in accordance with the building plans approved/sanctioned and/or amended by the Municipal Corporation of Greater Mumbai, by consuming F.S.I. generated from the said plot and also, utilizing proportionate FSI in lieu of the portion which was affected under the set-back area for widening of Road No. 2 as stated above). (M) Municipal Corporation of Greater Mumbai has also issued a Building Completion Certificate No. CE/1870/BSII/AP dated 6/7/1976 in respect of the said building constructed on the said property and plans for 3 rd part upper floor were also approved under File No. CE/3164/BP(WS)A/P dated 25-03-1980; (N) The flats/shop/garage in the said building now known as ‘Sutaria’ was originally let out to various monthly tenants at monthly rents payable to the said Yoginiben and Jitendrakumar as per the mutually agreed terms and conditions ; (O) The various monthly tenants occupying the respective units in the said building known as ‘Sutaria Building’ approached the said Yoginiben and Jitendrakumar with an offer for purchasing and acquiring the said units on ownership basis. In pursuance thereof, the said Yoginiben and Jitendrakumar entered into diverse Agreements with concerned monthly tenants for sale „on ownership basis‟ of the respective shops/flats in the said building known as „Sutaria Building‟ on the terms and conditions as specified in the said Individual Agreements and appropriated the sale proceeds thereof; (P) The said Yoginiben and Jitendrakumar vide Agreement for Sale dated 18 th September 1985 agreed to sell, assign and transfer the said property alongwith the said constructed building thereupon and simultaneously execute the conveyance in respect of said property alongwith the building and two garages in favour of the members of the then proposed ‘Sutaria Co-operative Housing Society Ltd.’ for the agreed consideration . 7 (Q) The respective flat holders of the said building i.e. „Sutaria Building‟ formed and registered a Co-operative Housing Society viz. ‘Sutaria Co-operative Housing Society Ltd.’ under the Maharashtra Co-operative Societies Act, 1960 and Rules framed thereunder bearing No. BOM/WP/HSG/(TC)/1719/85-86 dated 14/1/1986 (i.e. the Society herein) which has been and is managing the affairs of the said property till date. (R) Society in its Special General Body Meeting held on 10th March 2012 originally decided to undertake the redevelopment of the said property by demolishing the existing building and by constructing a new building thereon, by utilizing full FSI and obtaining Transferable Development Rights (TDR) in accordance with the prevailing Development Control Regulations; (S) The said property coupled with the said shares were however not transferred and conveyed/assigned to the Society by original promoters .At such juncture the Society decided to engage professional developers through Society‟s Project Management Consultants, M/s Palash PMC LLP. In pursuance thereof, the Society through PMC decided to invite offers from the competent and reputed Developers to carry out the redevelopment of the said Property, for the construction of the new building thereon, in order to accommodate the existing 31 (Thirty One) bonafide members of the Society, in the respective flats/shops/garages in the proposed new building and to sell the remaining constructed area by way of flats/shops in the open market to the prospective buyers and for this purpose to consume available FSI and also to utilize permissible TDR / Fungible FSI / FSI in accordance with the prevailing Development Control Regulations for Greater Mumbai, 2034 as amended till date, to be obtained by such Developer, from the open market in the name of the Society, at the Developer‟s own costs and expenses, for the aforesaid purposes; (T) Accordingly, the Society through PMC invited offers from the intending Developers to undertake the redevelopment of the said property and in response, the Society received various offers from the intending developers, pertaining to the redevelopment of the said property owned by the Society and after evaluation of all the offers received by the Society from the said intending Developers on its merits 8 and thorough scrutiny made by the PMC and Managing/Redevelopment Committee of the Society and thereafter, on detailed discussion, comparisons and deliberations held in the Special General Body Meetings of the Society from time to time, it was by majority resolved to accept the proposal of the Developers herein i.e. BALI SPACES LLP (previously through sister concern of Developer i.e. Bali Engicons LLP) and allow and permit them to undertake the redevelopment of the said property and for the construction of new multi-storied building thereon, subject to final approval in the Special General Body Meeting; (U) Accordingly, in the Special General Body Meeting of the Society held on 12-07- 2019 the proceedings were conducted and several aspect in respect of the proposed redevelopment of the Society‟s property have been discussed and after considering vital issues, it was by majority resolved to appoint BALI SPACES LLP (previously Bali Engicons LLP) as the sole & exclusive Developer, in order to undertake the redevelopment of the said property and as per their offer letter dated 13-06-2019 and subject to terms and conditions agreed upon by and between the Society and the Developer herein. On the basis of further clarity from the MCGM, the Developer improved his offer dated 13-06-2019 and submitted new revised offer dated 23-07-2019, which was accepted by the Society. (V) It is the obligation of Society to give individual consents of majority members of the Society for the proposed redevelopment of the Society‟s property through BALI SPACES LLP (previously Bali Engicons LLP) as the sole & exclusive Developer in terms of the resolutions passed in the aforesaid Special General Body Meeting of the Society held on 12-07-2019. (W) As such, by a Letter of Intent dated 03-08-2019, the Society informed the Developer herein that pursuant to the aforesaid Special General Body Meeting and the resolutions passed therein, the new revised offer dated 23-07-2019 of the Developer herein, for the construction of the new residential building after demolition of the existing building, has been accepted by majority and also intimated the Developer herein to prepare the necessary documents and other 9 necessary papers/writings etc. to be executed by and between the parties hereto, relating to the proposed project. (X) Accordingly, the Developer furnished the draft Memorandum of Understanding (MOU) with other documents/ writings etc. for approval of the Society and in the meeting of the Special General Body of the Society held on 17-12-2019 the said draft of Memorandum of Understanding and other writings etc. to be executed by the Society in favour of the Developer herein were read over and discussed and with necessary changes, the same were approved by majority and finalized for due execution thereof. It was also resolved in the said meeting that the any two of the office bearers of the Society viz.(1) Mr.Kartik Bhanushali, Chairman (2) Mr.Rakesh Doshi, Secretary & (3) Mr.Ashok Dubey, Treasurer respectively alongwith with other committee members, are empowered and authorized for and on behalf of the Society, to finalize and execute and register the necessary documents, deeds, papers etc. in consultation with the Managing Committee, in favour of the Developer herein, for the redevelopment of the Society‟s property and subsequently the Memorandum of Understanding (MOU) was duly executed on 23-06-2020 between the Sutaria CHSL and the developer BALI SPACES LLP (previously Bali Engicons LLP); (Y) During such period, the parties herein acted upon the aforesaid writing (MOU) interalia the Developer engaged and commenced the process to avail the Assignment in favour of Society for then intended Redevelopment and resultant of which society with the complete assistance and expenses of the Developer herein submitted the Application for Unilateral Deemed Conveyance with respect to the said property before Hon‟ble District Dy. Registrar of Co-operative Societies, Mumbai City (4). The Hon‟ble District Dy. Registrar vide Order dated 28-12-2021 was pleased to allow the application of the Society and executed Deed of Assignment of Lease (Unilateral Deemed Conveyance) in favour of the said Society dated 18-10-2022. The Society thereafter with assistance of Developer registered the formal Deed of Assignment of Lease (Unilateral Deemed Conveyance) on 09- 10 11-2022 duly registered with office of Sub-Registrar of Assurances under Sr. No. BRL-6-22601-2022. (Z) Pursuant to the registration of the Deed of Assignment of Lease (Unilateral Deemed Conveyance), the Society with the complete assistance and expenses of the Developer herein applied to the City Survey Department to endorse the name of Sutaria CHSL on the Property Register Cards of plot bearing CTS No. 638, 638/1 to 12. Vide Mutation Entry dated 12-12-2022, the name of the Society was endorsed on the Property Register Cards in respect of the said Property being CTS No. 638, 638/1 to 12. (AA) The Sutaria CHSL, the said Society vide their letter dated 13-09-2022 have applied for the permission/consent/NOC of the Parent Society and intimated about the Order of the D.D.R. dated 28-12-2021 in favour of Sutaria CHSL and execution of Deed of Assignment. The said Society in pursuance to the registration of the formal Deed of Assignment of Lease (Unilateral Deemed Conveyance) applied before the Parent Society and requested the Parent Society to transfer the rights, all record, membership, share etc. pertaining to the said plot in favour of Society i.e. Sutaria CHSL vide letters dated 8-11-2022, 29-11-2022 and 25-01-2023. The permission/consent of the Parent Society is awaited. (BB) Resultant of the above said Society seized, possessed and well sufficiently entitled of said Property being all that piece and parcel of plot of land being Plot No. 163 of the Common Layout Scheme Known as „Jawahar Nagar‟ bearing Survey No. 110A, Hissa No. 2 now corresponding to CTS No. 638, 638/1 to 12 admeasuring 688.10 Sq. Mtrs. as per P. R. Card (Property Register Card) or thereabout in aggregate (after deduction of 63.40 Sq. Mtrs. area affected under the set-back for widening of the Road No. 2 as per P. R. Card) situate, being and lying in Revenue Village Pahadi – Goregaon (West), Taluka Borivali in the Registration District and Sub- District of Mumbai City and Mumbai Suburban situated at Jawahar Nagar, Goregaon (West), Mumbai – 400 104 (Old number – 400 062) alongwith then structure standing thereon occupied by various members. 11 (CC) Society accordingly granted redevelopment rights in favour of the said developer by executing Development Agreement dated 31/03/2023 duly registered with the Sub- registrar of assurance bearing registration no. BRL-6-6462-2023 (Said development agreement) and Power of Attorney duly registered with the Sub-registrar of assurance bearing registration no. BRL-6-6465-2023 dated 31/03/2023 (said POA) (said Development Agreement and said POA are collectively hereinafter referred to as the said earlier Writings). ( Also specify (i) Any covenants affecting the said property. (ii) Any impediments attached to the said property. (iii) Number and Area occupied by Tenants and how they are proposed to be settled so as to have clear possession of the said property. (iv) Details of illegal encroachment on the said property. (v) Any permission (if any) required from any Government or Authority which affects the title to the property and details of all such required permissions obtained. (vi) Details of mortgage or lien or charge on the said property.) (EE) The Promoters desired of developing the said property in lieu of then existing building originally standing on the said property known as “Sutaria CHS Limited” (hereinafter referred to as the “said Old Building”) and constructing thereon new multistoried building to be known as (Bali Serenity) (hereinafter referred to as the “said Building”) in accordance with the provisions of applicable Development Control Regulations 2034 more particularly D.C. Regulations, 2034 and the Mumbai Municipal Corporation Act and the Rules and Bye Laws framed there under and/or any other Act as applicable in that behalf on ownership basis without creating any right in said land/property. (FF) Said Old building was consisting of 31 members/ occupiers and upon request of the Promoter herein, the members/ occupiers in majority gave cooperation, to enable Promoter to develop the said property described in the First schedule hereunder 12 written. Upon members/ occupiers co-operating to the fullest extent with the promoter, to enable the Promoter to develop the said property and comply with the terms and conditions of Redevelopment Agreement, the Promoter decided to commence with the Development work of the said property by demolishing the existing structure, and to construct a new building and sell the on-ownership basis. The Society and Promoter in view of terms of the Development agreement informed the members/ occupiers that existing structure of the members/ occupiers needs to be demolished . Promoters under the Development Agreement are obligated to provide the members/ occupiers with new Apartment i.e. Permanent Alternate Accommodation on ownership basis free of costs and also to submit the Building Plans to MCGM for approval/sanction for the purpose of construction of the new building. Promoter accordingly availed the IOD on _____bearing no.__________ and Consequently, necessary individual agreements were entered between the parties to record their terms relating to the redevelopment. At such instance owing to the dissent of one of the Member, Promoter approached the Hon‟ble High Court for seeking the necessary reliefs including to get the vacant possession of the Said property and consequently in pursuance of Order dated ___the Hon‟ble Court granted the necessary reliefs. (GG) the Promoters are thus entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; the Promoter is in possession of the project land; (HH) the Promoter has proposed to construct on the project land having ____ Building of _____ plus ____storey and _____numbers of parkings. (II) the Allottee is offered with an Apartment/Flat bearing number_ _ _ _ on the floor, (herein after referred to as the said “Apartment/Premises”) in the wing of the Building called __ (herein after referred to as the said “Building”) being constructed in the Single phase of the said project, by the Promoter (JJ) 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; 13 (KK) the Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at _________ no ; Authenticated copy is attached in Annexure „F‟; (LL) the Promoter has appointed a structural Engineer for the 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/buildings. (MM) by virtue of aforesaid the Promoter has sole and exclusive right to sell the Apartments in the said building/s to be constructed by the Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Apartments to receive the sale consideration in respect thereof; (NN) on demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Messrs................................... 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; (OO) the authenticated copies of Certificate of Title issued by the advocate of the Promoter, authenticated copies of Property card and other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. (PP) the Authenticated copies of the plans as approved by the concerned Local Authority have been annexed hereto and marked as Annexure „C1‟. The authenticated copies of the plans 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 „C2‟, (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 „D‟. 14 (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/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. (SS) While sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said buildings and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. (TT) The Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. (UU) The Allottee has applied to the Promoter for allotment of an Apartment/Flat No. ......... on ........floor in wing situated in the building being Bali Serenity to be constructed in the Single Phase of the said Project, (VV) the carpet area of the said Apartment is in 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 15 Promoters doth hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. (YY) 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. (ZZ) 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 parking (if applicable) NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: - 1. The Promoter shall construct the said building/s consisting of ........ basement and ground/ stilt, /................. podiums, and ............ 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 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 Promoter hereby agrees to sell to the Allottee Apartment/Flat No. .............. of the type of carpet area admeasuring .................... sq. metres. on ............ floor in the building /wing (hereinafter referred to as "the Apartment") as shown in the Floor plan hereto annexed and marked at Annexure „D‟ 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 16 description of the common areas and facilities which are more particularly described in the Second Schedule 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 covered parking spaces 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 garages/covered parking spaces 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 amount of Rs ............................ ( Rupees ...................................... Only) 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 or wing 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 or wing in which the said 17 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 may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. 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 GST/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/Plot]. 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 18 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 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 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 19 any manner. Note: Each of the instalments mentioned in the sub clause (ii) and (iii) shall be further subdivided into multiple instalments 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 over the Apartment/Plot 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 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”). 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 to Development 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 20 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/Plot] 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 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 21 Promoter) within a period of thirty days of the termination, the instalments 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 'E', annexed hereto. 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 date then 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 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 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/Plot], 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/Plot] 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 22 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. 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/Plot]: Upon receiving a written intimation from the Promoter as per clause 9, the Allottee shall take possession of the [Apartment/Plot] 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/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 9 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 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 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. 8. The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of *residence/office/show-room/shop/godown for carrying on any industry or business. (*strike of which is not applicable) He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. The Promoter from time to time sign and execute the application for membership and the other papers and documents necessary for becoming a member, 23 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. 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 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 Society 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 . On such assignment of lease being executed for the structure of the building or wing issuance of shares in the name of the allottee/s 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. 24 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 & (vi) 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 Deed of Assignment of Lease of project land with conveyance 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 25 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 Deed of Assignment of 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 project land; as Declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project in Pursuance of the and subject to terms of the Said Development Agreement; 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 26 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 [Apartment/Plot] 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/Plot]to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the Assignment deed of the Project land alongwith ownership rights of structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees said Society; 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 27 served upon the Promoter in respect of the project land 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 with the 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 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 28 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, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company as the case may be. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the 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 project land 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. 29 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 Apartment 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 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 the Limited Company or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the 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/Limited Company/Apex Body/Federation regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a Assignment of the structure of the building in which Apartment is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xii. Till a Assignment of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, 30 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 for the promotion of the Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said 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 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/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement, they shall not mortgage or create a charge on the *[Apartment/plot] and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such [Apartment/plot]. 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 31 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 apartment/plot/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/Plot], in case of a transfer, as the said 32 obligations go along with the [Apartment/Plot] 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 [Apartment/Plot] 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 33 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 . 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. The parties further agreed that there are deficiencies in open spaces surrounding the building, the details of which are explained to the allottee/s by the promoter and allotee/s confirms the same and accordingly allottee/s hereby agrees and confirms as follows : a. The said New Building is deficient in open space and /MCGM will not be liable for the same in future. b. Allottee/s have no objection for the neighbourhood development with deficient open space in future; c. Allottee/s shall not hold Promoter/MCGM liable for failure of mechanical car parking system and lift in future; d. Allottee/s shall not hold Promoter/MCGM liable for proposed inadequate/sub-sizes of rooms in future and complaints of whatsoever any to MCGM in this regard in future and proper precautions and safety measures shall be taken to avoid any mishap and the damages occurs due flooding in pit if any and maintenance of mechanized parking system shall be done regularly; e. That there is inadequate manoeuvring space for car parking and Member will not complaint to /MCGM in this regard in future; and f. That the Allottee/s shall not held Promoter/MCGM liable for any mishap due to provision of additional height of stilt for provision of 3 level pit plus stack type parking; g. Allottee/s shall not misuse the area of mid landing allowed in stilt. 34 h. That the dry and wet garbage shall be separated and the wet garbage generated in the building shall be treated separately on the same plot by residents/ occupants of the building in the jurisdiction of MCGM. 28. 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: Name of Promoter M/S. BALI SPACES LLP (Promoters Address) Office No. 04, 1st Floor, A Wing, Onkar, General A. K. Vaidya Marg, Dindoshi, Malad (East), Mumbai 400 097 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. 29. 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. 35 30. Stamp Duty and Registration :- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 31. 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 Rera Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 32. 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 IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at Mumbai (city/town name) in the presence of attesting witness, signing as such on the day first above written. 36 FIRST SCHEDULE ABOVE REFERRED TO DESCRIPTION OF THE FREEHOLD/LEASEHOLD LAND AND ALL OTHER DETAILS All that piece and parcel of plot of land being Plot No. 163 of the Common Layout Scheme Known as „Jawahar Nagar‟ bearing Survey No. 110A, Hissa No. 2 now corresponding to CTS No. 638, 638/1 to 12 admeasuring 688.10 Sq. Mtrs. as per P. R. Card (Property Register Card) or thereabout in aggregate (after deduction of 63.40 Sq. Mtrs. area affected under the set-back for widening of the Road No. 2 as per P. R. Card) situate, being and lying in Revenue Village Pahadi – Goregaon (West), Taluka Borivali in the Registration District and Sub-District of Mumbai City and Mumbai Suburban situated at Jawahar Nagar, Goregaon (West), Mumbai – 400 104 (Old number – 400 062) alongwith structures standing thereon (now demolished) occupied by the various members of the said society known as Sutaria CHS Limited, within the Registration District of Mumbai Suburban. SECOND SCHEDULE ABOVE REFERRED TO Here set out the nature, extent and description of common areas and facilities. 37 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. BALI SPACES LLP (SHRI. SUSHANT VIJAY PARMAR) (Authorized Signatory) WITNESSES: Name Signature _ _ Name Signature _______________________ Note – Execution clauses to be finalised in individual cases having regard to the constitution of the parties to the Agreement. 38 SCHEDULE „A‟ PLEASE INSERT DESCRIPTION OF THE [APARTMENT/PLOT] AND THE GARAGE/CLOSED PARKING (IF APPLICABLE) ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS Flat bearing no.______ of area admeasuring ____ sq.mtrs. i.e. _____ sq.fts. carpet area on _____ floor alongwith ___ Parking in the building known as „Bali Serenity‟ to be constructed on all that piece and parcel of plot of land being Plot No. 163 of the Common Layout Scheme Known as „Jawahar Nagar‟ bearing Survey No. 110A, Hissa No. 2 now corresponding to CTS No. 638, 638/1 to 12 admeasuring 688.10 Sq. Mtrs. as per P. R. Card (Property Register Card) or thereabout in aggregate (after deduction of 63.40 Sq. Mtrs. area affected under the set-back for widening of the Road No. 2 as per P. R. Card) situate, being and lying in Revenue Village Pahadi – Goregaon (West), Taluka Borivali in the Registration District and Sub-District of Mumbai City and Mumbai Suburban situated at Jawahar Nagar, Goregaon (West), Mumbai – 400 104 (Old number – 400 062) and bounded as follows: Towards North : by land bearing Plot No. 146 of Jawahar Nagar. Towards South : by Road No. 2 of Jawahar Nagar. Towards Eat : by land bearing Plot No. 162 of Jawahar Nagar. Towards West : by land bearing Plot No. 164 of Jawahar Nagar. 39 SCHEDULE „B‟ FLOOR PLAN OF THE APARTMENT 40 ANNEXURE – A a Name of the Advocate, m Address: e o f t h e A t t o r n e y a t L a w / A 41 Title Report Details of the Title Report The Schedule Above Referred to (Description of property) Place: Dated ………..day of ............... 20......... (Signed ) Signature of Attorney-at-Law/Advocate 42 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 /Building 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) 43 RECEIPT RECEIVED OF AND FROM the within named ALLOTEE/S a sum of Rs. ________/- (Rupees _____________ Only) by way of earnest money deposit/application fee against the Total Consideration of Rs._________/- (Rupees _________ Only) in respect of Purchase of Flat No. ___ alongwith ___ Car Parking as mentioned hereinabove in Agreement for sale to be paid by him/her/them to us & The particulars of payments are as under: Sr. No. Date CHQ/UTR/REF/ Drawn on/ Amount RTGS No. Bank Details 1. 2. 3. Total Rs._______/- I SAY RECEIVED (Rs.__________/-) REVENUE STAMP SHRI. SUSHANT VIJAY PARMAR Being Designated Partner of M/S. BALI SPACES LLP PROMOTERS WITNESSES: 1. 2.