AGREEMENT FOR SALE This Agreement is made at Mumbai on this........day of.......... in the year Two Thousand and ..................... between M/s. Samarpan Homes And Developers, a partnership firm registered under the provisions of the Indian Partnership Act, 1932 having its registered office at Shop No. 1 &2, Swayambhu Residence, Kasturba Road No.2, Opp BMC Hospital, Borivali (East), Mumbai – 400 066 hereinafter referred to as "the Promoter” of the One Part and ( .........................) having address at ....................hereinafter referred to as " the Allottee" (which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include in the case of an individual or individuals his/her/their respective heirs, executors, administrators and permitted assigns/in the case of a Body Corporate successors and permitted assigns, in the case of partnership firm, the partners for the time being and from time to time constituting the firm and the survivors or survivor of them and the heirs, executors and administrators of the last survivor of them and his, her or their permitted assigns/in case of a Hindu Undivided Family, the Karta and the Members for the time being and from time to time of the coparcenaries and the survivors or survivor them and the heirs, executors and administrators of the last survivor of them and his, her of their permitted assigns/in the case of a trust, their of them and the heirs, executors and administrators of the last survivor of them and his, her or their permitted assigns) of the Other Part. WHEREAS: A. One, Mrs. Indira Jagannath Joshi was original owner of and was absolutely seized, possessed of and was well and sufficiently entitled to All that piece and parcel of land bearing CTS No. 2455, 2455/1 to 18, admeasuring 2330 Sq Yards equivalent to 1934 sq. mtrs. of Village: Eksar, Taluka: Borivali, within the Registration Sub-District of Borivali and District – Mumbai Suburban togetherwith the 18 tenements/structures standing thereon at that time (Herein after referred to as the “Said Land”). B. Vide an Agreement dated 11th November 1978, the said Mrs. Indira Jagannath Joshi agreed to sell the said Land to one M/s. Pragati Builders on the terms and conditions as recorded therein. C. The said M/s. Pragati Builders demolished the 18 tenements/structures then standing/existing on the Said Land and constructed a building popularly known as “Om Shri Jagannath” (Herein after referred to as the “Said Existing Building”) consisting of two wings each of Ground + 6 upper floors comprising in itself 47 Residential Flats and 6 Shops on the said Property and sold the various units to various purchasers. D. The purchasers of the units in the building “Om Shri Jagannath” formed a Co-operative Housing Society under the name and style “Om Shri Jagannath CHSL” (Herein after referred to as the “Said Society”). E. Upon completion of construction of the Said Existing Building, the said M/s. Pragati Builders handed over possession of the various units to the respective purchasers and since then Said Society was in peaceful possession and occupation of the said Land together with the said Existing Building. F. Area of the Said Land as per Property Card is 2009 Sq. mtrs. G. Vide a Deed of Conveyance dated 10.05.2013, registered under serial no BRL9/2691/2013, executed between Mrs. Indira Jagannath Joshi through her constituted attorney Mr. Arun Mehta, as Vendor therein, M/s. Pragati Builders as Confirming Party therein and the Said Society as Purchaser therein, the said Mrs. Indira Jagannath Joshi with the confirmation of the said M/s. Pragati Builders granted, conveyed, released and assured CTS No. 2455, 2455/1 to 18, admeasuring 2009 sq. mtrs. as per Property Registered Card of Village: Eksar, Taluka: Borivali, within the Registration Sub-District of Borivali and District – Mumbai Suburban (Herein after referred to as the “Said Property”) togetherwith the Said Existing Building unto and in favour of the Said Society on the terms and conditions as recorded therein. H. The said The Said Property and the said Existing Buildings shall herein after be collectively referred to as the “Project Land” and is more particularly described in the in First schedule hereunder written I. Vide an entry dated 19.09.2013, name of the Said Society has been recorded as Holder of the Said Property on Property Card. J. By and under the Development Agreement dated 12th May 2023, registered under serial no BRL8/6243/2023 (“the said Development Agreement”), executed between the Said Society of the First part, the Promoter herein of the Second part, and Members of Said Society of the Third Part, the Said Society has granted the right of development in respect of the Said Property, unto and in favour of the Promoters herein to redevelop the Project Land by constructing a New Residential cum Commercial Building to be popularly known as “OM SHRI JAGANNATH” (hereinafter referred to as the “New Residential Building”) thereon by utilising existing FSI of the Plot and by acquiring and utilising TDR FSI, Fungible FSI and such further and other FSI as may be available as per prevailing DCPR 2034, at and for the consideration and on the terms and conditions more particularly recorded therein. K. Pursuant to the said Development Agreement, the Said Society has also executed a Power of Attorney dated 12th May 2023 duly registered with the Registrar of Assurances at Borivali district Mumbai Suburban under No. BRL8/6244/2023 in favour of M/s. Samarpan Homes and Developers and its Nominees inter alia to execute and perform on behalf of and in the name of the Society any of the acts, deeds, matters and things that may be required to carry out redevelopment of the said Property in accordance with the provisions of the Development Agreement L. Pursuant to the said Development Agreement and subject to the said Society retaining for their existing members an aggregate total area of _________ Sq. Ft. (carpet area) inclusive of Fungible FSI/Compensatory area, with or without premium so as to enable the Societies to provide to all the existing members of the Societies new premises, free of costs, the Promoters herein are entitled to redevelop the Project Land and construct new building/s in pursuance of the sanction of plans to be approved the utilization of the full potentiality of FSI available on the said property (including Fungible FSI/Compensatory area, with or without premium) as “Base Land” and benefit of TDR as may be permitted on the said property to be acquired and purchased from the open market and use, utilize and consume the same on the said property as recipient plot. M. On necessary applications and representations being made by the Promoters herein, the Concerned Development Authority of MCGM has sanctioned the Plans and issued I.O.D. under reference No. P-10189/2022/(2455)/R/C Ward/Eksar (RC)/IOD/1/New dated 24.04.2023 readwith amended plans letter dated _____________ on the terms and conditions as recorded therein; N. On compliance of the said I.O.D., the Concerned Authority of MCGM has issued Commencement Certificate under Reference No. _______________________________________ dated _____________ for the purpose of the construction of the Building on the Project Land, on the terms and conditions as recorded therein; O. AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; P. AND WHEREAS the Promoter is in possession of the project land Q. AND WHEREAS the Promoter has proposed to construct on the project land a building consisting of Ground Floor consisting of Shops + _______ podium floor + ____ upper Floors. R. AND WHEREAS 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; S. AND WHEREAS 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. T. AND WHEREAS by virtue of the Development Agreement/Power of Attorney 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; U. AND WHEREAS 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; V. AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card, IOD & CC 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 'A1', ‘A2’, ‘B1’ and 'B2', respectively. W. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-1. X. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure C-2, Y. AND WHEREAS the authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D Z. AND WHEREAS the Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building AA. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building 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. BB. AND WHEREAS the Promoter has accordingly commenced construction of the New Building to be popularly known as “OM SHRI JAGANNATH” in accordance with the said proposed plans. CC. The Promoters are entitled to develop the Said Property by extending further the Said New Building by constructing additional floors upto _____ upper floors in the Said New Building, by consuming and loading and/or utilizing TDR/FSI on the said property, as permissible under the Development Control Regulations, of the M.C.G.M. for the time being and from time to time in force, after obtaining sanctions and permissions from the M.C.G.M. in respect of the new building plans as they may deem fit and proper, at any time hereafter, and as per the provisions of the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as “the said Act”) and the Rules and Regulations made thereunder. DD. AND WHEREAS the Allottee has applied to the Promoter for allotment of an Apartment No. ......... (Herein after referred to as the “Said Apartment” and more particularly described in the Second Schedule hereunder written) on ........floor in ____ wing in new building to be popularly known as “OM SHRI JAGANNATH” being constructed on the _________Project Land, EE. AND WHEREAS the carpet area of the said Apartment is ______ square feet 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. FF.AND WHEREAS, the Parties relying on the aforesaid confirmations, representations and assurances, Promoters have agreed to allot to the Allottee/s the Said Apartment at the price and on the terms and conditions as hereinafter appearing GG. AND WHEREAS, 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 the Promoter the balance of the sale consideration in the manner hereinafter appearing. HH. AND WHEREAS, the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. Annexed hereto as Annexure “____” is a copy of Registration certificate issued by the MahaRERA; II. AND WHEREAS, 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. JJ. The parties hereto are now desirous of recording the said terms and conditions as mutually agreed upon into writing as follows. NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoters hereby declare and confirm that what is recited hereinabove with regard to their right, title and interest in respect of the said property as more particularly described in the Schedule hereunder written and for development / redevelopment thereof, shall be treated as declarations / representations on their part and shall form integral part of this agreement. 2. The Promoter shall construct the said building/s to be popularly known as “OM SHRI JAGANNATH” consisting of ____ ground with shop and 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. The plan annexed hereto is tentative and the Promoter shall be entitled to make such changes and modifications therein as they may desire and deem fit and proper. The Allottee/s hereby confirms having understood the aforesaid facts and rights and entitlements of the Promoter and shall not object, dispute or create any hindrance during the course of development of the said project. The Promoter are entitled to exercise the rights and entitlements under the provisions of D. C. Regulation and BMC ACT and other concerned statutes, in accordance with the provisions of the “Said Act”. 2.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment/Flat No. .............. admeasuring .................... sq. Ft. Carpet area on ............ floor in the building to be popularly known as “OM SHRI JAGANNATH” (hereinafter referred to as "the Apartment") together with the car parking spaces bearing no _____on ____ podium floor as shown in the Floor plan hereto annexed and marked “Annexures for the total consideration of Rs. .................../- (ii) The term “Carpet Area” as defined under the said Act shall mean the net usable floor area of an Apartment, excluding the area covered by the external wall, area under the service shafts, exclusive balcony or veranda area and exclusive open Terrace area, but includes the area covered by the internal partition walls of the apartment. 2(b) 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 the Promoter the balance amount of Rs ............................( Rupees ......................................) in the following manner :- Sr. Particulars Percentage Amount No. 1 At the time of booking 10% 2 Within a period of ____ days 20% from the date of execution of Agreement for Sale 3 On completion of Plinth 15% 4 On completion of 1st Slab 2% 5 On completion of 2nd Slab 2% 6 On completion of 3rd Slab 2% 7 On completion of 4th Slab 2% 8 On completion of 5th Slab 2% 9 On completion of 6th Slab 2% 10 On completion of 7th Slab 2% 11 On completion of 8th Slab 2% 12 On completion of 9th Slab 2% 13 On completion of 10th Slab 2% 14 On completion of 11th Slab 1% 15 On completion of 12th Slab 1% 16 On completion of 13th Slab 1% 17 On completion of 14th Slab 1% 18 On completion of 15th Slab 1% 19 On completion of 16th Slab 1% 20 On completion of 17th Slab 1% 21 On completion of 18th Slab 1% 22 On completion of 19th Slab 1% 23 On completion of 20th Slab 1% 24 on completion of the Brick Work 5% of the said Flat 25 on completion of Plastering of 5% Said Flat 26 on completion of Flooring of the 5% said Flat 27 on completion of Plumbing in the 5% said Flat 28 at the time of handing over of 5% the possession 2(c) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST 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]. The Allottee alone shall in addition to the aforesaid consideration pay and/or reimburse to the Promoters all such statutory, levies and charges and other Tax payable under the Concerned Statutes which may be levied in connection with the construction of and carrying out the project payable upto the date of handing over possession of the said Apartment, so levied or being levied by the Concerned Authorities and the Promoters shall not be held liable or responsible for the same. 2(d) The aforesaid consideration shall be paid subject to statutory deduction of 1% TDS under the provisions of Income Tax Act, 1961. It is expressly agreed and understood that if the Promoters carry out and commence the works of construction of brick walls, flooring etc… as contemplated in sub-clause ___ to ___ above in respect of the said Apartment agreed to be sold/allotted to the Allottee/s under these presents, while construction of other slabs and other work is in process, the Allottee/s immediately on requiring by the Promoters, shall pay the amount of installments under sub clause ___ to ___ or such of them depending upon commencement of work. The aforesaid payments shall be made by the Allottee/s within 15 (fifteen) days of Notice in writing by the Promoter to be given as herein mentioned. Time for the payment is the essence of this Agreement. The Amount payable as per the terms of this Agreement for the items, such as plinth, casting of slabs, construction of brick walls, etc. already completed prior to the date of execution of this Agreement, shall be deemed to be due from the Allottee/s on the date of this Agreement in addition to the earnest money. 2(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. 2(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 as the promoter may desire 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. 2(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. Any variation within the defined limit shall be tolerated by both the parties. If there is any reduction in the carpet area beyond the defined limit then Promoter shall refund the excess money paid by Allottee without annual interest.If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 2(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. The Allottee/s agrees and confirms that in the event of delay/default in making payment of the GST or any such tax demanded, then without prejudice to any other rights or remedies available with the Promoter under this Agreement, the Promoter shall be entitled to adjust the unpaid GST or any such tax along with interest payable thereon from the due date till the date of adjustment against any subsequent amounts received from the Allottee/s. 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 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”). 2.3 (a) In the event, the Allottee being desirous of obtaining housing loan from any bankers or financial institutions so as to purchase the premises under these presents, the Allottee shall be entitled to do so only after obtaining previous written consent from the Promoters and only after he/she/their having complied with, fulfilled, observed and performed his/her/their part of the obligations contained under these presents and further undertake to do so. The Allottee shall apply for and obtain such housing finance/loan solely at his/her/their risk as to costs and consequences and shall indemnify and keep the Promoters indemnified against any claim, demand or action being claimed, demanded or initiated by the bankers and/or financial institutions whosoever have sanctioned and/or disbursed such housing finance. (b) It is further agreed and understood that in the event of the Allottee/s having obtained sanction of housing finance, the Allottee/s shall inform in writing to the Promoters of having his/her/their obtained sanction of such finance and confirm that the bankers/financial institution shall disburse and pay the housing finance/loan as may have been sanctioned and approved directly to and in the name of the Promoters alone in such manner as the promoter may direct and require. Such disbursement /payment shall be made by the bankers/financial institution by Cheque (crossed/Account Payee) /Pay order directly in the name of the Promoters and shall be handed over personally to the Promoters. Acknowledgement, if any, by any unauthorized persons and/or the Allottee/s herein shall not bind the Promoters as having received such housing finance on behalf of the Allottee. (c) It is further agreed and understood that the Allottee, subject to what is contemplated under these presents, shall be free to offer his/her/their right under these presents only as and by way of security for repayment of such finance. The Promoters shall not be called upon to sign or execute any further or other writings, confirmation, declaration or otherwise nor shall they be called upon to give any security of their right of development of the said property to any bankers/financial institution. It is further agreed and understood that irrespective of the fact whether the Allottee have obtained sanction of housing loan/finance from his/her/their financial institution in respect of the said premises, in the event of any delay in disbursement or failure in payment/disbursement of the balance consideration payable by the Allottee to the Promoters under these presents, the Allottee alone shall personally be liable or responsible to pay the amount so payable under these presents and shall not claim any equity or otherwise on the ground of having not obtained disbursement or delay in disbursement of such amount by bankers/financial institution. The Allottee shall pay amount so due and payable to the Promoters from his/her/their own source of income. 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 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/Plot] to the Allottee, then in such case the Allottee/s shall be entitled adopt such process as may be required and permitted under any prevailing laws for seeking such refund as he may be entitled to, however the refund if processed under any circumstances shall be strictly for the amount paid towards consideration till the date, excluding any other dues and taxes. The Promoter shall refund the above mentioned amount in respect of such termination and neither party shall have any claim against the other in respect of the Premises or arising out of this Agreement and the Promoter shall be at liberty to dispose of the Premises to any other person or persons at such price and upon such terms and conditions as the Promoter may deem fit. The Allottee/s shall simultaneously on receipt of the refund of the amounts execute a Deed of Cancellation (in format required by the Promoter) and register the same in the office of the concerned Registrar/sub-Registrar of Assurances. The Allottee agrees to pay to the Promoter, interest @ 18% per annums, 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, within a period of thirty days of the termination, the consideration amount paid by the Allottees to the Promoters in pursuance of this Agreement after deducting (i) 1% of the purchase price/earnest money of the said premises (which is to stand forfeited by the Promoters), (ii) The taxes, GST and outgoings, if any, due and payable by the Allottee/s in respect of the said premises upto the date of termination of this Agreement, (iii) The amount of interest payable by the Allottee/s to the Promoters in terms of this Agreement from the dates of default in payment till the date of termination as aforesaid, (iv) The costs incurred by the Promoters in finding a new buyer for the said premises (v) and liquidated damages to the extent of 10% of the consideration amount Upon such termination the Allottees shall cease to have any right or interest in the said premises or any part thereof and the Promoter shall be entitled to sell the said premises to such other person or party as the Promoters may deem fit, at such consideration and on the terms and conditions as the Promoters may in its absolute discretion deem fit. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts 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___. The Promoter shall handover the possession of the said Apartment to the Allottee only after realization of full purchase price of the said Apartment and other amount payable by the Allottee/s to the Promoters under these presents. 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 15 (fifteen days from the date of issue of such notice and the Promoter shall give possession of the [Apartment] to the Allottee.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. 7.2 The Allottee shall take possession of the Apartment within 15 days of the written notice from the promoter 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 _____, 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 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the 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 subject however that the Allottee herein and Occupiers/Allottees of other premises in the building is/are not guilty of any act of omission or commission including demolition of any wall, internal charges changes, alteration in the premises, removal of flooring, removal of any fixtures, damaging any walls, damaging water proofing, floorings, ceilings, R.C.C. Construction etc., 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 the Allottee’s own vehicle. 9. The Allottee of premises from the Promoters in respect of the said structure/additional floors which the Promoters are entitled to construct by use of such extra or additional F.S.I. set back FSI and/or T.D.R. benefit shall be accepted and admitted as member and shareholder of the said Society. the Allottee shall sign and execute all such further and other documents, writings, applications, forms, undertakings, etc. as may be required by the said Society and shall abide by comply with, fulfill, observe and perform all the rules, regulations and bye-laws of the Society. The Conveyance of the Project Land is with the Society. 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 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 management of the building/s is transferred to the Society, 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 or Society as may be directed, 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 the Allottee/s has become member of the Society. 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 for the period of 12 months. (v) Rs………………. For Deposit towards Water, Electric, Gas and other utility and services connection charges & (vi) Rs. ______________ towards development charges (vii) Rs. ____________ towards legal charges (viii) Rs. ____________ towards GST on charges as mentioned in clause (i) to (vii) above 10.1 The Allottee shall also be liable to pay the sum of Rs. ________/- (Rupees _________________ Only) towards the Society equalization fund vide a cheque to be issued in favour of “_______________ CO-OPERATIVE HOUSING SOCIETY LIMITED”. 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. The Conveyance of the Project Land is with the Society. 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; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas; vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said [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. The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. x. As agreed by the Promoters, they shall provide to the Existing members of the Said Societies in all ___ Residential Flats and ___ Shops, in the new building, construction of which has been undertaken by the Promoters. xi. If due to any change in the DC Rules and more F.S.I./TDR becomes available (including on account of setback staircase, walls, lifts, balcony, passage, etc.) then in such event, the Promoters alone shall be entitled to use, utilize, consume and exploit such F.S.I. on the said property by constructing additional structure or additional floor in the said building. 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 tore 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 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. 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. 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 he 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 all the units of the Promoter are sold, 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. The Allottee/s hereby agrees and undertakes that he/she /they shall not obstruct or object or dispute to the right, title and interest of the Promoters and the Society in respect of the said additional F.S.I. and/or T.D.R. benefit, set back benefit, available to the Promoters /Society as above and shall do and perform all such acts, deeds, things and matters and to sign and execute all such requisite confirmations, applications, consent, etc. if so required by the Promoters. xiii. The Allottee hereby irrevocably agrees and undertakes that he/she/they shall not claim or demand any consideration/ amount or compensation or benefit from the Promoters /Society in respect of the said benefit of additional F.S.I. including of setback, and/or T.D.R. available to the Promoters to use, utilize, consume and exploit the same by constructing additional structure or additional floors on the said building. xiv. That the Promoters have full right, absolute authority and entitled to make such changes, amendments, modifications, shifting of location etc. of garden, RG, PG, and other facilities as may be provided on completion of the entire development of the said Property. The Allottee/s shall not object or dispute to the same 15. The Promoter has declared and the Allottee hereby confirms that : a) That the building under construction is deficient in open space for which Promoters have paid necessary premium to the concerned authority, and that the Allottee shall not held the Promoters and/or MCGM liable for such deficiency in open space, in future and hereby grants irrevocable and unconditional “No Objection/Consent” for the neighborhood development with deficient open space in future. b) That the building under construction has inadequate maneuvering space of car parkings, for which Promoters have paid necessary premium to the concerned authority and that Allottee shall not held Promoters and/or MCGM liable for such inadequate maneuvering space of car parkings and no complaints in this regard shall be made to MCGM in future. c) That Allottee shall not held MCGM liable for failure of mechanical stack car parking system. d) That there is inadequate Big:small parking ratio and and that Allottee shall not held Promoters and/or MCGM liable for the same and no complaints in this regard shall be made to MCGM in future. e) That Allottee herein aware of the sub standard sizes of toilets in some of the residential flats/shops and no complaints in this regard shall be made to MCGM in future. f) Additional car parking spaces will be surrendered to MCGM free of cost if full FSI including Fungible is not utilised. g) That Dry and Wet garbage shall be separated by the Allottee and the wet garbage generated shall be treated separately on the Project Land itself by all the occupants/residents in the new building. 16. 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. 17. The Promoters will at all times, be entitled to install the logos and/or name boards and/or put up advertisements boards/hoarding etc. of the Promoters, and/or its Group Companies, (hereinafter referred to as the displays) with various devices (including electronic, laser and neon signs) in one or more places including on the Buildings on open space/s, the terraces of the said buildings and the compound walls of the Property. The Promoters and/or its Group Companies will not be liable to make any payment of any nature to the said Society. The Allottees independently or jointly with other Allottees of the said Society shall not remove or dismantle such displays and shall allow the Promoters /its agents to install, maintain, repair, change and operate the displays. 18. 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. 19. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the *[Apartment/] 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]. 20. BINDING EFFECT Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 21. Any delay tolerated or indulgence shown by the Promoters in enforcing the terms of this Agreement or any forbearance of giving of time to the Allottee by the Promoters shall not be construed as a waiver on the part of the Promoters of any breach or non compliance of any of the terms and conditions of this agreement by the Allottee or shall the same in any manner prejudice the rights of the Promoters 22. 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. 23. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 24. 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 obligations go along with the [Apartment/Plot] for all intents and purposes. 25. 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. 26. 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. 27. 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. 28. 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 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 . 29. 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. 30. 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:___________ M/s 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. 31. 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. 32. Stamp Duty and Registration :- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 33. Dispute Resolution :- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the _______________ Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 34. 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 _______ 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 (city/town name) in the presence of attesting witness, signing as such on the day first above written. First Schedule Above Referred to ALL THAT pieces and parcels of land bearing CTS No. 2455, 2455/1 to 18 admeasuring 2009 sq. mtrs. as per property card (including road set back area admeasuring 556 sq. mtrs.) and that net plot area is 1453 sq. mtrs., of Village Eksar, Taluka Borivali, Mumbai Suburban District, situated at Rokadia Lane, Mandapeshwar Road, Borivali (W), Mumbai – 400 092, within the registration district and Sub-District of Bombay City and Bombay Suburban and bounded as follows: On or towards the North by: property bearing No. C. T. S. No.2456 On or towards the South by: property bearing No. C. T. S. No.2453 On or towards the West by: property bearing No. C. T. S. No.2454 On or towards the East: by: 60 Feet wide D. P. Road. Second Schedule Above Referred to Flat bearing no. _________, admeasuring ___________________ Sq. Ft. carpet area as per Real Estate (Regulation and Development) Act, 2016 on ________ floor of the new building to be known as “OM SHRI JAGANNATH” being constructed on the Property more particularly described in the First Schedule hereinabove written. Here set out the nature, extent and description of common areas and facilities. SIGNED, SEALED AND DELIVERED ) by the withinnamed “PROMOTERS” ) M/s. SAMARPAN HOMES AND DEVELOPERS) Represented through its Partner ) Mr. _________________________ ) in the presence of ……………………….. ) 1. 2. SIGNED , SEALED AND DELIVERED ) by the within named “ALLOTTEE/S” ) SHRI./SMT./M/S. ) ____________________________ ) SHRI./SMT./M/S. ) ____________________________ ) in the presence of ……… ) 1. 2. RECEIPT RECEIVED the day and year first hereinabove withinnamed a sum of Rs._____________/- (Rupees ________________Only) by Cheque No.__________ drawn on _____________ Bank _____________ Branch; towards the part payment as within mentioned and payable by members to the Promoters. Cheque No. _________ dated ________ drawn on ____________ Bank ________________ branch. Rs.__________/- WITNESS: WE SAY RECEIVED