Brigade Oasis Phase 2 Agreement To Sell

AGREEMENT FOR SALE
This Agreement for Sale (“Agreement”) executed on this __ day of _________, 2023
By and Between
KRISHNA PRIYA ESTATES PRIVATE LIMITED, a company incorporated under the
Companies Act, 2013, having its registered office at No. 100/1, Citi Centre Opp. Town Hall,
J.C. Road, Bengaluru – 560002 [CIN: U70200KA2019PTC126447] [PAN: AAHCK7319N],
hereinafter referred to as the ‘PROMOTER’ (which expression shall, wherever the context so
requires or admits, mean and include its permitted assigns and executors) of the FIRST PART
and is represented by its General Power of Attorney Holder viz., BRIGADE ENTERPRISES
LIMITED a company incorporated under the Companies Act, 1956, having its registered
office at 29th & 30th Floor, World Trade Centre, 26/1, Brigade Gateway Campus, Dr.
Rajkumar Road, Malleswaram - Rajajinagar, Bengaluru – 560055, represented by its _____
Mr. ______;
hereinafter referred to as “Promoter” (which expression shall unless it be repugnant to

the context or meaning thereof be deemed to mean and its successors in interest and
assigns) of the One Part.
AND
BRIGADE ENTERPRISES LIMITED a company incorporated under the Companies Act,
1956, having its registered office at 29th & 30th Floor, World Trade Centre, 26/1, Brigade
Gateway Campus, Dr. Rajkumar Road, Malleswaram - Rajajinagar, Bengaluru - 560055 [CIN:
L85110KA1995PLC019126] [PAN: AAACB7459F], and is hereinafter referred to as the
‘DEVELOPER’ (which expression shall, wherever the context so requires or admits, mean
and include its permitted assigns and executors) of the SECOND PART;
AND
{{customer name}},
__________________________________,
__________________________________,
hereinafter called “Allottee” or “Purchaser” (which expression shall unless repugnant to the
context or meaning thereof be deemed to mean and include his/her heirs, executors,
administrators, successors-in-interest and permitted assigns) of the Third Part.
The terms the Promoter, Developer and the Allottee shall hereinafter collectively be
referred to as the “Parties” and individually as a “Party”.
WHEREAS:
A. The Promoter represents that the they are the sole and absolute owner of all that
piece and parcel of undeveloped immovable properties listed in the table below,
totally measuring 66 Acres 19 Guntas, situated at Lakshmipura Village, Kasaba
Hobli, Devanahalli Taluk, Bangalore Rural District, morefully described in the
‘Larger Property’ hereto and hereinafter referred to as ‘ ‘Larger Properties’. A
summary of the ‘Larger Properties’ is set out herein below:
Sl. Details of the Properties Extent Details of the Sale Deeds
No.
Plot No. Survey No. A G
Plot No. 4 27/2 (2 Acre 10 0 1 Sale Deed dated
1.
Guntas) 2 0 15.07.2021 (Registered as
Plot No. 5 4/6 (2 Acres 10 0 1 Document No. 2414/2021-
2.
Guntas) 2 0 22)
Plot No. 6 4/5 (2 Acres 10 Sale Deed dated
3.
2 0 Document No. 2411/2021-
22)
Plot No. 7 4/4 (1 Acre 13 Sale Deed dated
4.
5/6 (34 Guntas) 2 0 Document No. 2412/2021-
6/13 (3 Guntas) 22)
Plot No. 8 4/3 (1 Acre 3 Guntas)
0 1
5. 5/5 (1 Acre 2 Guntas)
2 0
6/5 (5 Guntas)
Plot No. 9 4/2 (27 Guntas)
5/4 (1 Acre 11 0 1
6.
Guntas) 2 0
6/4 (12 Guntas)
Plot No. 10 4/1 (9 Guntas) Sale Deed dated
5/3 (1 Acre 23 0 1 25.10.2021 (Registered as
7.
Guntas) 2 0 Document No. 6237/2021-
6/3 (18 Guntas) 22)
Plot No. 11 5/2 (1 Acre 21
0 1
8. Guntas)
2 0
6/2 (29 Guntas)
6/1 (13 Guntas) 0 1 28.06.2021 (Registered as
9.
8/1 (1 Acre 28 2 0 Document No. 2315/2021-
Guntas) 22)
Plot No. 13 8/2 (1 Acre 6 Guntas) 0 1 Sale Deed dated
10.
9/1 (1 Acre 4 Guntas) 2 0 28.06.2021 (Registered as
2
Document No. 2314/2021-
22)
9/2 (1 Acre 17 0 1 25.10.2021 (Registered as
11.
Guntas) 2 0 Document No. 6237/2021-
22)
7/1 (9 Guntas) 28.06.2021 (Registered as
12. 8/4 (13 Guntas) 02 10 Document No. 2311/2021-
9/3 (1 Acre 25 22)
Guntas)
9/4 (34 Guntas) 28.06.2021 (Registered as
13. 02 10
7/2 (1 Acre 4 Guntas) Document No. 2313/
2021-22)
Plot No. 17 7/3 (1 Acre) Sale Deed dated
28.06.2021 (Registered as
14. 01 00
22)
7/4 (1 Acre 29 25.10.2021 (Registered as
15. 02 10
Guntas) Document No. 6237/2021-
22)
16. 7/5 (1 Acre 25 02 10 15.07.2021 (Registered as
Plot No. 20 7/6 (1 Acre 13 22)
Guntas) &
6/8 (37 Guntas) Sale Deed dated
17. 02 10
15.07.2021 (Registered as
22)
Guntas) 15.07.2021 (Registered as
18. 01 27
Document
No.10950/2021-22)
Plot No. 23 2/2 (2 Acres 10 Sale Deed dated
19. 02 10
3
Plot No. 24 26/5 (18 Guntas) Document No. 2414/2021-
20. 27/3 (1 Acre 32 02 10 22)
Guntas)
27/4 (1 Acre 26
21. 02 10
Guntas)
26/7 (22 Guntas)
27/5 (1 Acre 20 15.07.2021 (Registered as
22. 02 10
Guntas) Document
31/9 (10 Guntas) No.10950/2021-22)
23. 3/3 (1 Acre 19 02 10 15.07.2021 (Registered as
Plot No. 87 2/4 (1 Acre 04 22)
Guntas)
24. 02 10
3/2 (1 Acre 06
Guntas)
25. 02 10
3/1 (2 Acres 6 Guntas)
26. 01 11
Document
No.10950/2021-22)
27. Plot No. 75 15/1 01 12 Sale Deed dated
16/1 12.05.2022 (Registered as
28. 00 38 Document No.1718/2022-
23)
Survey No. 60 0 0 Sale Deed dated
29.
2 0 22.10.2021 (Registered as
Survey No. 61 0 0 Document No. 6043/2021-
30.
2 0 22)
Survey No. 62 0 0
31.
2 0
Survey No. 63 0 0
32.
2 0
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B. The Promoter and the Developer have entered into a Joint Development Agreement
dated 17.03.2022 [Registered on 18.03.2022, as Document No. DNH-1-12809-2021-
22, Book-1, stored in C.D. No. DNHD1492, at the office of the Sub Registrar,
Bangalore Rural (Devanahalli)] (‘Development Agreement’) in connection with the
development of the ‘Larger Properties’. In furtherance to the said Development
Agreement, the Promoter has also executed an Irrevocable General Power of Attorney
dated 17.03.2022 (Registered on 18.03.2022, as Document No. INR-4-01132-2021-22,
Book-4, stored in C.D. No. INRD1033, at the office of the Sub Registrar, Shivajinagar
(Indiranagar Bangalore) & a Notarized Irrevocable General Power of Attorney dated
24.06.2022 (‘General Power of Attorney’), in favour of the Developer, in connection
with the ‘Larger Properties;
C. Pursuant to the execution of the Development Agreement, the Developer, on behalf of

the Promoter has executed a Relinquishment Deed dated 30.07.2022 [Registered on
04.08.2022, as Document No. DNH-1-05422-2022-23, Book-1, stored in C.D. No.
DNHD1598, at the office of the Sub Registrar, Bangalore Rural (Devanahalli)] thereby
relinquishing extents of: (i) 12,464.36 Square Meters towards land bank for STRR
project; (ii) 891.17 Square Meters towards STRR road area; and (iii) 14,321.40 Square
Meters towards civic amenities, in the Larger Properties, free of cost, in favour of the
Member Secretary & Joint Director of Town and Country Planning, Satellite Town
Ring Road Planning Authority;
D. The Larger Property has been earmarked by the Promoter for the purpose of developing
into a residential layout project and the said project shall be known as “Brigade Oasis”.
The Promoter has obtained the Layout plan approval from Satellite Town Ring Road
Planning Authority and license for construction of a commercial development and a
residential layout in the Larger Properties vide No. STRRPA/TP/LAO/19/2022-23
dated 08.08.2022 for taking up infrastructure work in the proposed layout project. The
Promoter shall develop the project comprising of residential plots of different
dimensions along with roads, drainage, electricity, park and open spaces, civic
amenities etc., as per the sanctioned letter. The Promoter is required to relinquish roads,
park and open spaces and civic amenity site to the Authorities and then secure the
completion certificate for having completed the development work for the layout
/release of the plots, to enable it to procure final plan approval from the Authorities for
the layout & to secure release of the plots.
E The Promoter and the Developer have under the Development Agreement, agreed to
share the sale consideration derived from the sale of the sites in the Project (together
with proportionate undivided share/ interest in the Larger Properties & the Common
Amenities & Facilities), upon completion of the Project. In terms of the Development
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Agreement and General Power of Attorney referred above, the Vendors are entitled
to convey/ transfer the sites along with corresponding undivided shares in the Larger
Properties;
F. The Promoter has carved out about 13 Acres 16.4 guntas of the Larger Property, more
fully described in the Schedule hereunder and herein after referred to as Schedule ‘A’
Property, for second phase of development while 19 Acres 11 guntas of Larger
Property has been already carved out for first phase of development and the balance
land area is proposed to be developed in phase/s.
G. The Second Phase of development has been registered under the provisions of the Act
(defined herein below) with the Real Estate Regulatory Authority of Karnataka
(‘Regulatory Authority’) and the Regulatory Authority has registered and granted
Registration No. PRM/KA/RERA/1250/303/PR/_______/______ dated _________
to the said Project.
H. The Developer is fully competent to enter into this Agreement and all legal formalities
with respect to the right, title and interest of the Promoter/Developer regarding the
Schedule ‘A’ Property on which the Project is being developed.
I. The Developer agrees and undertakes that it shall not make any changes to the
Approvals except in strict compliance with section 14 of the Act and other laws as
applicable.
J. The Allottee has applied for a vacant plot in the Project and has been allotted a plot
subject to payment of total sale consideration and the said plot is more fully mentioned
and described in the Schedule ‘B’ hereunder and hereinafter referred to as “Schedule
Plot”. Layout Plan demarcating the Schedule Plot is described in the Schedule “C”
hereunder.
K. The Parties have gone through all the terms and conditions set out in this Agreement
and understood the mutual rights and obligations detailed herein and have affixed their
signatures.
L. The Parties hereby confirm that they are signing this Agreement with full knowledge
of all the laws, rules, regulations, notifications, etc., applicable to the Project.
M. 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.
N. In accordance with the terms and conditions set out in this Agreement and as mutually
agreed upon by and between the Parties, the Promoter/Builder hereby agrees to sell
and the Allottee hereby agrees to purchase the Schedule Plot.
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NOW THEREFORE, in consideration of the mutual representations, covenants,
assurances, promises and agreements contained herein and other good and valuable
consideration, the Parties agree as follows:
1. Definitions:
For the purpose of this Agreement for Sale, unless the context otherwise requires:
a) “Act” shall mean the Real Estate (Regulation and Development) Act, 2016 (16 of
2016);
b) “Agreement” shall mean this Agreement for Sale including the recitals above, the
schedules and all annexures attached hereto, as amended from time to time;
c) “Association of Allottees or Owner’s Association” shall both mean the same, to
be formed by the owners of the Plots in the Project for the purpose of holding and
maintenance of the Common Areas, the Common Amenities and Facilities of the
Project;
d) “Appropriate Government” shall mean the Government of Karnataka;
e) “Approvals” shall mean all those provisional and final sanctions, certificates,
approvals, release of the plots, permits, no-objection certificates, consents etc., as
are necessary and obtained from the statutory authority, for formation of the
residential layout;
f) “Authority” shall mean the Real Estate Regulatory Authority, established under
the Act and Rules shall include the Real Estate Appellate Tribunal;
g) “Common Areas” shall collectively mean the Common Areas of the Project such
as internal roads, parks and open spaces, civic amenity areas in the Project; The
Common Areas in the Project are subject to such reasonable, non-discriminatory
rules and regulations as are prescribed by the Developer or Owners Association to
be followed by all the Plot owners in the Project;
h) “Force Majeure” shall mean any one or more of the following events or conditions
if it wholly or partially delays or prevents Builder from performing any of its
obligations or circumstances or combination of events or circumstances set out
below and those which are beyond the reasonable control of Builder including
delays by authorities responsible for sanction of approvals and which occur without
the fault or negligence of Builder and which have the effect of adversely affecting
the performance by the Builder of its obligations under this Agreement and
includes:
(i) acts of God;
(ii) Act of war (whether declared or undeclared), invasion, armed conflict or
act of foreign enemy, blockade, embargo, revolution, riot, insurrection,
civil commotion, mobilization, government requisition, act of terrorism or
sabotage;
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(iii) rebellion, revolution, insurrection, or military or usurped power, or civil
war;
(iv) riot commotion or disorder; and/or
(v) Strike including the transporters, Suppliers, Contractors, Sub-
Contractors, lockouts or labor strike, shortage of raw materials or labour
caused due to above strike or otherwise;
(vi) Radioactive contamination or ionising radiation or chemical
contamination;
(vii) Flood, Cyclone, Lightening, earthquake, drought storm, or any other
extreme effect of natural elements or other acts of god having an adverse
effect;
(viii) Epidemic or plague;
(ix) Fire or explosion;
(x) Any restrictive order, rules or regulations made or issued by the
Government or any other Authority including quarantine order, shut
down, social distancing etc;
(xi) Any restraint or injunctive orders issued by any competent court or
authority affecting the development;
(xii) Non availability or shortage of construction materials including sand,
cement, steel, jelly, labour or any other construction related materials;
i) “Maintenance Agency” shall mean the Builder or any of its nominee/ subsidiary
or assigns or any person/entity appointed by the Builder or the Association of
Allottees as the exclusive maintenance managers of the Project and its Common
Areas;
j) “Notice” shall mean any notice, request, demand or other communication required
or permitted to be given under this Agreement;
k) “Payment Plan” shall mean the payment of the total sale consideration payable by
the Allottee to the Builder on such dates as mentioned in Schedule “D” here below;
l) “Project” shall mean the real estate project being development of the Schedule ‘A’
Property by forming a residential layout comprising vacant sites/plots of various
dimensions capable of independent use;
m) “Rules” means the Karnataka Real Estate (Regulation and Development) Rules,
2017 made under the Real Estate (Regulation and Development) Act, 2016;
n) “Regulations” means the Regulations made under the Real Estate (Regulation and
Development Act), 2016;
o) “Schedule ‘A’ Property” shall mean the land on which second phase of the Project
is being developed by the Promoter and more fully described under Schedule A
hereto;
p) “Section” means a section of the Act.
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q) “Schedule Plot/Plot” means the vacant plot/site allotted to the Allottee by the
Builder and agreed to be sold under this Agreement and mentioned and described
in Schedule ‘B’ herebelow;
r) “Statutory Payments” shall mean statutory charges, levies, taxes or new
pronouncements by applicable law, amendments to the current laws, introduction
of new statutory levies, taxes, cess etc., GST, which may be imposed by the
Authorities – State and Central Government from time to time and includes such
amounts, estimates, charges, deposits and any amount collected towards providing
water, electricity and sanitary infrastructure and stamp duty, registration and any
statutory dues/fees/penalties.
s) “Total Sale Consideration” means the sum total of the cost payable towards the
Schedule Plot by the Allottee to the builder as mentioned in Schedule “D”
herebelow;
1A. AGREEMENT TO SELL:
That, in pursuance of the foregoing, and in consideration of the Allottee/s paying
agreed sale consideration and all other cost, charges and expenses, the statutory
Payments and complying with the Allottee/s covenants and the obligations herein,
the Promoter/Developer agrees to sell to the Allottee/s and the Allottee/s agrees to
purchase the Schedule Plot, free from all encumbrances, charges, claims of any
kind.
2. PAYMENT OF TOTAL SALE CONSIDERATION BY THE ALLOTTEE/S:
2.1. Subject to the terms and conditions as detailed in this Agreement and the rights and
obligations of the Allottee as specified in the Schedule ‘E’ herebelow, the
Promoter/Developer agrees to sell to the Allottee and the Allottee hereby agrees to
purchase the Schedule Plot as specified in Recital ‘I’ hereabove.
2.2. The Promoter/Developer shall sell and Allottee/s shall purchase the Schedule Plot, for
the total sale consideration payable by the Allottee/s in terms of Schedule ‘D’
mentioned herebelow:
a) The Allottee/s has/have paid the Developer advance sale consideration as mentioned
in Schedule `D' hereto as part payment and have agreed to pay balance sale
consideration to the Developer as detailed in Schedule `D' herein, as and when
demanded by the Developer towards total Sale Consideration. Payment in terms of
Schedule ‘D’ herein is the essence of this agreement and under no circumstance there
shall be delay in payment of the balance sale consideration. In case any cheque/s
issued by the Allotee/s is/are dishonoured for any reason in respect of the payments
in Schedule `D’ hereto, the Allottee/s is/are not only liable for lawful action, but also
be liable to pay the charges collected by the Bank.
2.3. The total sale consideration is escalation-free, save and except increases which the
Allottee hereby agrees to pay, due to increase on account of development charges
9
payable to the competent authority and/or any other increase in charges which may be
levied or imposed by the competent authority from time to time. Further, if there is any
new imposition or increase of any development charges during development of the
Project, the same shall be charged to the Allottee.
2.4. It is agreed that the Developer is entitled to make such additions or alterations as may
be required by the Statutory Authority.
2.5. The Developer shall confirm the final area of the Schedule Plot that has been allotted
to the Allottee after the Project is complete and the release letters /completion
certificate is issued by the competent authority, by furnishing details of the changes, if
any, in the total area of the Schedule Plot. If there is any variation in the area of the
Schedule Plot to be conveyed in favour of the Allottee /s herein in terms of this
agreement, which is not more than (3%) three percent or any variation to the plans
sanctioned or for any other reason, the consideration stipulated for sale of the Schedule
Plot stands varied accordingly and not otherwise. Accordingly, sale consideration gets
adjusted and excess amount paid will be refunded by Developer to the Allottee and
shortfall would be made good by the Allottee to the Developer.
2.6. The Developer agrees to pay all outgoings, which it has collected from the Allottee,
for the payment of outgoings to competent authorities which are related to the Project.
If the Developer fails to pay all or any of the outgoings collected by it from the Allottee
or any liability before transferring the Schedule Plot to the Allottee, the Developer
agrees to be liable, even after the transfer of the Schedule Plot, to pay such outgoings,
to the authority or person to whom they are payable.
2.7. The Allottee/s shall pay plot development charges plus GST on demand as specified
by the Developer which shall be calculated per square feet of the Schedule Plot as
Owner’s contribution. The whole of the Plot Development Charges made up of the
contributions by the purchasers of the Plots in ‘Brigade Oasis”, shall be appropriated
by the Developer. The Allottee/s shall have no right or authority to claim the
refund/transfer of the plot development charges.
2.8. The Allottee/s shall also pay infrastructure charges plus GST on demand as specified
by the Developer which shall be calculated per square feet of Schedule Plot as Owner’s
contribution. The whole of the Infrastructure Charges made up of the contributions by
the purchasers of the Plots in ‘Brigade Oasis”, shall be appropriated by the Developer.
The Allottee/s shall have no right or authority to claim the refund/transfer of the
infrastructure charges.
2.9. The Allottee has paid the booking amount being part payment towards the total sale
consideration of the Schedule Plot at the time of application, the receipt of which the
Developer hereby acknowledges and the Allottee hereby agrees to pay the balance total
sale consideration as prescribed in the Payment Plan i.e, Schedule ‘D’ as may be
demanded by the Developer within the time and in the manner specified therein.
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Provided, that if the Allottee delays in payment towards any amount which is payable
under this Agreement, he/she/they shall be liable to pay interest at highest State Bank
of India Base Rate / Marginal Cost Lending Rate Plus 2% per annum or as fixed by
the RERA from time to time.
3. Mode of Payment:
Subject to the terms of the Agreement, the Allottee shall make all payments within the
stipulated time as mentioned in the Payment Plan through A/c Payee cheque/demand
draft/bankers cheque or online payment (as applicable) in favour of ‘Brigade
Enterprises Ltd., payable at Bangalore. In case any Cheque/s issued by the Allottee/s
is/are dishonoured for any reason in respect of the payments in Schedule `D’ hereto,
the Allottee /s is/are not only liable for lawful action, but also be liable to pay the
charges collected by the Bank.
4. Compliance of Laws relating to remittances:
4.1. The Allottee, if resident outside India, shall be solely responsible for complying with
the necessary formalities as laid down in Foreign Exchange Management Act, 1999,
Reserve Bank of India Act, 1934 and the Rules and Regulations made there under or
any statutory amendment(s) modification(s) made thereof and all other applicable laws
including that of remittance of payment acquisition/sale/transfer of immovable
properties in India etc., and provide the Developer with such permission, approvals
which would enable the Developer to fulfil its obligations under this Agreement. Any
refund, transfer of security, if provided in terms of the Agreement shall be made in
accordance with the provisions of Foreign Exchange Management Act, 1999 or the
statutory enactments or amendments thereof and the Rules and Regulations of the
Reserve Bank of India or any other applicable law. The Allottee understands and
agrees that in the event of any failure on his/her part to comply with the applicable
guidelines issued by the Reserve Bank of India, he/she may be liable for any action
under the Foreign Exchange Management Act, 1999 or other laws as applicable, as
amended from time to time.
4.2. The Developer accepts no responsibility in regard to matters specified in Clause 4.1.
above. The Allottee shall keep the Developer fully indemnified and harmless in this
regard. Whenever there is any change in the residential status of the Allottee
subsequent to the signing of this Agreement, it shall be the sole responsibility of the
Allottee to intimate the same in writing to the Developer immediately and comply with
necessary formalities if any under the applicable laws. The Developer shall not be
responsible towards any third party making payment/remittances on behalf of any
Allottee and such third party shall not have any right in the application/allotment of
the said Schedule Plot applied for herein in any way and the Developer shall be issuing
the payment receipts in favour of the Allottee only.
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5. Adjustment/Appropriation of Payments:
The Allottee authorizes the Developer to adjust/appropriate all payments made by
him/her under any head(s) of dues against lawful outstanding of the Allottee against
the Schedule Plot, if any, in his/her name and the Allottee undertakes not to
object/demand/direct the Developer to adjust his/ her payments in any manner.
6. Time is Essence:
6.1 The Developer shall abide by the time schedule for completing the Project as disclosed
at the time of registration of the Project with the Authority and towards handing over
the Schedule Plot to the Allottee. The Developer shall not be liable if they are unable to
complete the Project and/or the Schedule Plot and deliver possession by the time
disclosed, at the time of registration of the Project on happening of any Force Majeure
event, and in any of the aforesaid events, the Developer shall be entitled for extension
of time to deliver and handover possession of the Schedule Plot and the consideration
paid by the Allottee/s till such date under this Agreement shall not be refunded or be
entitled to any interest. It is clarified and accepted to by and between the parties hereto
that delay in handing over the possession of the said Schedule Plot due to any reason/s
mentioned above shall not be construed as delay in completion.
6.2 The Allottee/s shall, within a period of 60 days of the Developer completing the
Project and furnishing the Release letter, pay all the amounts due and payable under the
payment plan and take possession of the Schedule Plot and also take registration of the
Sale Deed simultaneously.
7. LOAN:
7.1. If the Allottee/s is/are desirous of obtaining a loan to finance the payments of the
purchase of the Schedule Plot, the Allottee/s shall at his/her/their own cost, expenses
apply for such loan (hereinafter called “The Loan”) from a Bank or a financial
institution (hereinafter called “The Financier”) and execute all necessary forms and
documents and pay all fees, legal costs, stamp duty expenses etc., in respect thereof;
the Allottee/s shall be liable for the due and proper performance of all the terms and
conditions of the loan documents.
7.2. The Allottee/s undertakes to do all acts, things and take all steps that are required to
get the loan amount disbursed and paid to the Developer without any delay and in the
manner mentioned in this Agreement.
7.3. Notwithstanding whether the loan is obtained or not, the Allottee/s shall still be liable
to pay to the Developer on or before the due dates, the relevant instalments and other
sums due under this Agreement and in the event if there is any delay and/or default is
made in the payment of such amount/s, the Allottee shall be liable to the consequences
including payment of interest on the outstanding payments as provided in this
Agreement.
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7.4. If the Allottee/s fail/s or unable to get the sanction / obtain the Loan for any reasons
whatsoever or if his/her/their loan application is rejected by the Bank for whatever the
reason including his/her/their ineligibility for the loan, the Developer shall not in any
way be liable to the Allottee/s for any loss, damage, cost or expenses howsoever,
arising or incurred and it shall not be a reason for the Allottee to delay the payment or
for any non-payment on due dates of any amounts set out in this Agreement.
7.5. The Allottee/s shall indemnify and keep the Developer, indemnified and harmless
against the payments and observance and performance of all the covenants and
conditions and any loss, damage or liability that may arise due to non-payment, non-
observance or non-performance of the said covenants and conditions by the Allottee/s
as mentioned in the Agreement.
7.6. If the Allottee/s has availed loan from any financial institution or the bank and
defaulted in payment of pre-emi, then in that event based on the terms of such loan, all
amounts to be refunded to the Allottee/s in terms of clause above shall be paid over to
the financial institution or the bank against issuance “no claim certificate” in favour of
the Developer and the Developer shall also be entitled to hand over of original of this
Agreement that may have been deposited by the Allottee/s with the bank or any
financial institution.
8. TITLE & TITLE DEEDS:
8.1. The Allottee/s is/are provided with copies of all title deeds relating to Schedule ‘A’
Property and after being satisfied as to the title of the Developer to the Schedule ‘A’
Property and their right to develop Schedule ‘A’ Property has/have entered into this
Agreement.
8.2. The Allottee/s has/have no objection for the Developer to create charge or mortgage
on Schedule ‘A’ Property for raising funds to commence and complete the
development and construction in the Schedule ‘A’ Property without affecting the rights
of the Allottee/s. However, the Developer alone are responsible for discharge of the
said charge or mortgage proportionately before sale of Schedule Plot is completed. The
Developer agree to secure necessary No Objection Certificates from the lending
Bank/Institution and furnish the same to the Allottee/s at the time of conveyance of
Schedule Plot, confirming that Schedule Plot being free from the said charge or
mortgage.
8.3. The Developer will at their discretion either hand over the original Title Deeds for the
Schedule ‘A’ Property to the Association of Allottees after the entire development is
completed or they may decide to hold it by themselves as long as they are having stake
in the Project.
9. Events of Defaults and Consequences:
9.1. In the event of delay/default by the Allottee/s to pay the balance total sale consideration
as per Schedule `D' hereto, the Developer shall be entitled to terminate this Agreement
13
by issuing a notice calling upon the Allottee/s to pay the arrears due within Thirty (30)
days plus Thirty (30) days grace period from the date of issue of such notice and if the
Allottee/s fail/s to pay the arrears, this Agreement shall be deemed to have been
terminated without any requirement to issue separate letter. In such an event and if the
Agreement is registered, the Allottee shall execute and register deed of cancellation.
9.2. In the event of termination as aforesaid, the Developer shall be entitled to forfeit the
booking amount as liquidated damages by adjusting the same against the amounts
due by the Allottee/s till the date of termination and refund the balance, if any, within
60 days from the date of termination without any interest, simultaneous to the Allottee
executing and/or registering the necessary cancellation agreement as demanded by the
Developer.
9.3. Upon termination of this Agreement the Allottee/s shall not have any claims over the
Schedule `B' Property and/or on Developer. The Developer shall be entitled to deal
with Schedule Plot as they may deem fit for their benefit without reference to the
Allottee/s.
9.4. If however, the Allottee/s pays up the arrears within the time stipulated in the notice
of termination with overdue interest at highest State Bank of India Base Rate /
Marginal Cost Lending Rate Plus 2% per annum or as fixed by the RERA from time
to time, the right to terminate the Agreement would lapse for such default and this
Agreement continues to be valid. Any payments by the Allottee/s received by the
Developer would be firstly appropriated towards the payment of interest due if any and
remaining towards part payment and any deficit would be made good by the Allottee/s.
9.5. However even after the expiry of stipulated notice period (as mentioned above) the
Developer at their discretion may agree to receive the unpaid sums with interest at
highest State Bank of India Base Rate / Marginal Cost Lending Rate Plus 2% per
annum or as fixed by the RERA from time to time from due date till repayment in full
and in one lump sum of all the outstanding dues.
9.6. In case the Allottee/s cancel/s this Agreement for Sale or refuses / fails to sign and /or
register this Agreement for Sale within 15 days after being asked to do so, the
Developer is entitled to forfeit from the amounts paid/recover the amounts from the
Allottee/s equivalent to booking amount as liquidated damages and refund the balance
sum due if any under this Agreement without interest within 60 days from the date of
termination, subject to the Allottee/s executing and /or registering the Deed of
Cancellation of this Agreement (if the same is already signed and/or registered) and
such forfeiture/recovery as aforesaid by the Developer will be automatic without
further notice on the Allottee/s cancelling this Agreement as aforesaid.
9.7. If the Allottee/s has/have availed housing loan facility from any financial institution or
the Bank, then in that event based on the terms of such loan, after deduction of Booking
Amount, and interest liabilities, the balance amount would be handed over to the
14
financial institution or the Bank to the extent of amount funded by financial institution
of the Bank, and against the receipt of such amount, the financial institution or the
Bank as the case may be shall forthwith issue “no dues certificate” in favour of the
Developer and handover the original of this Agreement deposited by the Allottee/s or
cause the Allottee/s to handover this Agreement against the Developer paying the
amounts to the Financial Institution/s or the Bank/s. On refund of the amount as stated
above to the Bank or Financial Institution this Agreement shall be deemed to be
cancelled / terminated and the Developer shall be entitled to deal with Schedule Plot
in any manner with a third party at its discretion. The Allottee/s hereby authorizes the
Developer to cancel the Agreement for Sale by executing such cancellation agreement
as Developer may deem fit and to that extent the agency is created in favour of the
Developer by the Allottee/s.
9.8. The Allottee/s shall be solely responsible to deduct taxes at source at the prevailing
rate on the total sale consideration as required under Section 194IA of the Income Tax
Act, 1961 (IT Act) for each of the payments made towards the total sale consideration
and comply with the provisions of the IT Act. The Allottee/s also undertake/s to issue
a certificate of deduction of tax in Form 16B to the Seller on or before 5th day of the
subsequent month of deduction.
10. Development of the Project / Schedule Plot:
The Allottee has seen the Approvals which has been approved by the competent
authority and has accepted the same and the Payment Plan. The Developer shall
develop the Project in accordance with the said Approvals. Subject to the terms in
this Agreement, the Developer undertakes to strictly abide by the Approvals and
shall also strictly abide by the bye-laws, prescribed by the concerned statutory
authority and shall not have an option to make any variation /alteration /
modification in such plans, other than in the manner provided under the Act or as
required by the Authorities as the case may be.
11. Possession of the Schedule Plot:
11.1. The Developer agrees and understands that timely delivery of possession of the
Schedule Plot to the Allottee is the essence of the Agreement. The Developer
assures to hand over possession of the Schedule Plot along with Common Areas in
place on or about 30.06.2025 (‘Completion Date’) after procuring release letter/
completion certificate from competent authority, unless there is delay due to Force
Majeure. The Developer shall deliver possession of the Schedule Plot to the
Allottee/s after execution of Sale Deed. If, however, the completion of the Project
is delayed due to the Force Majeure conditions then the Allottee agrees that the
Developer shall be entitled to the extension of time for delivery of possession of the
Schedule Plot, provided that such Force Majeure conditions are not of a nature
which make it impossible for the contract to be implemented.
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11.2. In case of any proven will full delay in delivery of the Schedule Plot for reasons
other than force majeure, the Builder shall pay interest @ SBI base rate/highest
marginal cost Lending Rate Plus 2% or as fixed by the RERA from time to time to
the Allottee/s, as damages on the instalment paid from committed date of handing
over till delivery subject to conditions that;
a) Such delay not being attributable to the reason/s mentioned in clause 11.1
above;
b) The Allottee has/have paid all the amounts payable as per this agreement
and within the
stipulated period and has not violated any of the terms of this Agreement;
c) The delay is proved to be wilful delay on the part of the Developer;
d) The Purchaser/s has/have not defaulted any of the terms of this
Agreement.
11.3 Procedure for taking possession - The Developer, upon obtaining the release
letter/completion certificate from the competent authority shall offer in writing the
possession of the Schedule Plot, to the Allottee in terms of this Agreement. The
Allottee shall within 30 (thirty) days from the date of receipt of the intimation from the
Developer, shall pay the balance total sale consideration to the Developer and obtain
the conveyance of the Schedule Plot in his/her favour from the Developer and extend
all co-operation to the Developer to complete execution and registration of the sale
deed in favour of the Allottee. The Allottee agree(s) to pay the maintenance charges as
determined by the Developer from the date of issuance of the completion certificate
for the Project. The Allottee shall also be liable to pay property taxes, levies and any
other amounts which the Allottee is/are required to pay under this Agreement on expiry
15 days from date of intimation by the Developer that the Schedule Plot is ready for
handover or the date of Release Letters /Completion Certificate, whichever is earlier,
even if the possession and conveyance is not taken by the Allottee and if the
Developer/Seller have not terminated this Agreement.
11.4 Failure of the Allottee to take possession of the Schedule Plot - Upon receiving a
written intimation from the Developer as per Clause 11.2, the Allottee shall take
possession of the Schedule Plot from the Developer by executing necessary
indemnities, undertakings and such other documentation in favour of the Developer,
as prescribed in this Agreement and the Developer shall give possession of the
Schedule Plot to the Allottee. In case the Allottee fails to take possession within the
time provided in Clause 11.2, the Allottee shall become liable to pay the holding
charges of Rs. 3/- (Rupees Three only) per sq. ft., per month of the Schedule Plot. The
period of delay shall be computed from expiry of 15 days of notice period for taking
over possession till actual handing over, which the Allottee/s agrees to pay the same
before receiving possession of Schedule Plot till the date of the possession. Failure on
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the part of the Purchaser/s to make payments and/or take the sale deed beyond a period
of ___ months shall constitute breach on the part of the Purchaser/s, and the
consequences as provided in this Agreement and under the Act shall become applicable
and the Developer shall be entitled to enforce any of its rights thereunder.
11.5 In the event if the Allottee proposes to cancel/withdraw the allotment of the
Schedule Plot without any fault of the Developer, the Developer herein is entitled
to forfeit the booking amount paid for the allotment. The balance amount of money
paid by the Allottee shall be returned, without interest, by the Developer to the
Allottee within forty-five (45) days of such cancellation upon the Allottee executing
the cancellation deed and returning all the original documents relating the Schedule
Plot to the Developer. If the Agreement is registered, the Allottee/s shall execute
and register deed of cancellation at his/her/their cost for seeking refund.
11.6 The Allottee shall bear the entire cost of executing and registering the Sale Deed
including applicable stamp duty and registration fee on such deed. The Allottee
shall also bear legal charges, costs and expenses associated with the preparation,
finalisation, completion, execution and registration of the Sale Deed and this
Agreement.
12 PROPERTY TAXES AND KHATA:
12.1 The Promoter and Developer shall pay Municipal taxes, other rates and outgoings on
the Schedule Plot till the date of expiry of notice period intimating the Allottee that
Schedule Plot is ready for handing over or actual handing over or the date of Release Letters
/Completion Certificate, whichever is earlier. The Allottee/s shall thereafter be liable to pay
the Municipal Taxes for Schedule Plot. Upon issuance of Release Letters /Completion
Certificate, the Schedule Plot will be separately assessed to municipal property taxes. The
Allottee/s shall be liable to pay the municipal property taxes accordingly. The Allottee/s
agree/s to pay the Developer the service charges and fee that are necessary for securing
separate assessment and sub-numbering plus GST for Schedule Plot. The Allottee/s agree/s
and undertake/s to pay all government rates, taxes on land, municipal tax, property taxes,
wealth tax, taxes, fees or levies of all and any kind by whatever name called, whether levied
or leviable now or in future or any enhancement of the prevailing rates by any Government
Authority on the Schedule Plot.
12.2 The Allottee/s is/are entitled to secure Municipal/panchayath Khata of Schedule
Plot on purchase at his/her/their cost from the jurisdictional municipal/panchayath
office and Promoter/Developer agrees to sign necessary consent letters. In the event
of any demand for payment of betterment charges for securing transfer of Khata for
Schedule Plot, the Allottee/s agree/s to pay the same.
13 Representations and Warranties of the Promoter:
13.1 The Promoter hereby represents and warrants to the Allottee as follows:
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(i) The Promoter has absolute, clear and marketable title with respect to the
Schedule ‘A’ Property with requisite rights to carry out development upon the
Schedule ‘A’ Property and absolute, actual, physical and legal possession of the
Schedule ‘A’ Property for the Project;
(ii) The Promoter has lawful rights and requisite Approvals from the competent
authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Schedule Plot;
(iv) All approvals, licenses and permits issued by the competent authorities with
respect to the Project are valid and subsisting and have been obtained by following
due process of law. Further, the Promoter has been and shall, at all times, remain
to be in compliance with all applicable laws in relation to the Project, Schedule ‘A’
Property and the Schedule Plot;
(v) 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;
(vi) That 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 Schedule ‘A’ Property, including the Project and the
Schedule Plot which will, in any manner, affect the rights of Allottee under this
Agreement;
(vii) The Promoter confirms that the Promoter is not restricted in any manner
whatsoever from selling the Schedule Plot to the Allottee in the manner
contemplated in this Agreement;
(viii) At the time of execution of the conveyance deed the Promoter shall
handover lawful, vacant, peaceful, physical possession of the Schedule Plot to the
Allottee;
(ix) The Promoter has duly paid and shall continue to pay and discharge all
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 Project to the competent authorities till the release letter/
completion certificate or intimidation that Schedule Plot is ready for handing over
or actual handing over of possession of the Schedule Plot to the Allottee whichever
is earlier;
(x) 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 by or
served upon the Promoter in respect of the Schedule ‘A’ Property and/or the
Project.
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13A. THE ALLOTTEE ASSURES, UNDERTAKES AND COVENANTS WITH THE
PROMOTER AND THE DEVELOPER AS FOLLOWS:
(i) That the Allottee shall not be entitled to claim conveyance of the
Schedule Plot until the Allottee fulfils and performs all the obligations and
completes all payments under this Agreement and until completion of the Project.
(ii) That the Allottee has/have independently verified the title of the
Promoter to the Schedule “A” Property and all sanctions/approvals taken for
development of the Project before entering into this Agreement. The Allottee is/are
satisfied with all representations and disclosures made by the Promoter/Developer
concerning the Project and this Agreement constitutes complete understanding
arrived at between the Promoter/Developer and the Allottee and there are no other
representation whether oral or otherwise.
(iii) That the Sale Consideration fixed and agreed herein is based on mutual
negotiations between the Allottee and the Developer and the Allottee shall have no
right to renegotiate the same under any circumstances. The Developer is
completely free to agree to fix any other sale consideration with other buyers of
Plots in the Project.
(iv) That the Allottee and the Owners Association shall take over the
maintenance of the Project as per the terms of this Agreement.
(v) That after the Project is handed over to the Owners Association, the
Promoter/Developer shall not be responsible for any consequence or liability on
account of failure, negligence, act or omission, obstruction, alteration,
modification, restraint or improper use by any or all the owners, service providers
or their agents with regards to the Common Areas, Amenities and Facilities. The
Allottee with the other owners shall ensure that periodical inspections of all such
Common Areas, Amenities and Facilities are done so as to ensure proper
functioning thereof.
(vi) All statutory payments after handing over of the Schedule Plot, in
respect of the same shall be borne and paid by the Allottee. All Statutory Payments
levied by competent authorities under the law, in respect of any services which the
Developer would be rendering to the Allottee pursuant to this Agreement, shall also
be borne by the Allottee and the Allottee will indemnify the Developer of any
instances of taxes on this Agreement, accruing in future.
(vii) That the Allottee shall not have any right, at any time whatsoever, to
obstruct or hinder the progress of the development of the Project on the Schedule
“A” Property.
(viii) Its an essential term of the sale under this Agreement that the Allottee
shall not be entitled to change/alter the name of the Project from “Brigade Oasis’
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to any other name. However the Developer shall be entitled to make the change in
the name at any time before completion of the Project and before executing any
Sale Deed in favour of any buyers of Plots in the Project.
(ix) The Parties agree that any default by the Allottee in complying with the
payment obligations stipulated in this Agreement would constitute sufficient
reason/cause for the Developer to terminate this Agreement, and in which case the
consequences of termination stipulated above shall follow immediately.
(x) The Allottee covenant/s to comply with and adhere to all the rules and
regulations pertaining to Common Areas, Common Amenities and Facilities of the
Project and shall obstruct the usage of the any Common Areas and Common
Amenities by placing any objects, vehicles and other articles.
(xi) The Allottee, upon handover, shall be solely responsible to
maintain and upkeep the Schedule Plot at his/her own cost;
(xii) The Allottee shall bear his share of all applicable taxes, cess, charges,
miscellaneous deposits, charges, statutory levies, etc. payable to the Government
Authorities, which costs may be incurred by the Developer on the Project wide
basis or a per unit basis. Where taxes cess, charges etc. are payable on the Project
wide basis, these shall be prorated based on the measurement of the Schedule Plot
and shall be payable by the Allottee within a period of 15 (Fifteen) days of a
demand being made by the Developer in this behalf.
13B. NATURE OF RIGHT OF USAGE:
(i) It is agreed that the Schedule Plot shall be used only for construction of one
residential house and the Allottee shall not be entitled to sub divide the Schedule
Plot without approval from the concerned Authority.
(ii) All the Common Areas and the common amenities and facilities shall be for non-
exclusive use and will be based on the rules and regulations of the Association and
as provided herein.
14 CLUB HOUSE:
14.1 The Developer is providing Club House facilities for the use and enjoyment of
all the owners/occupants in the first phase of development, which shall form
part of “Brigade Oasis’ and the Allottee shall be required to pay the prescribed
amount towards the said Club House facilities according to the terms and
conditions as prescribed by the Developer or by any Agency appointed by the
Developer to operate and manage them.
14.2 The Club House facilities provided in the Project is for the use of
owners/occupants and the Builder may provide such facilities therein which
they in their sole and absolute discretion consider necessary and viable.
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14.3 The ownership and possession of the Club House facilities will be transferred
to the Owners’ Association to be formed in the Schedule `A’ Property and till
then it will be exclusively with the Builder and/or their associate concerns,
agents, nominees, assignees and they alone shall be entitled to:-
(i) admit either the owners or the tenants in possession for usage of Club
House facilities.
(ii) refuse to permit usage of Club House facilities due to / failure of owners
or the tenants in possession to observe the rules and/or on account of
non-payment of subscription and other dues or for misuse of amenities
and facilities or for other reasons and such persons are not entitled to
use the same.
(iii) fix the rates and charges for use of its facilities and amenities, and to
revise the aforesaid from time to time.
(iv) frame the rules and regulations regarding usage of the amenities and
facilities.
14.4) The Purchaser/s as long as he/she/they remain occupant of the apartment/built

spaces in `BRIGADE OASIS’, shall be entitled to use the Club House
facilities, subject to (i) strict observance of the rules framed by the Builder,
their agents/assigns, from time to time; and (ii) the payment of charges for
usage as may be fixed from time to time by the Builder/Service provider and
their agents/assigns,
14.5) It is clarified that non-completion or non-operation of club house facilities or

any of them shall not be deemed as delay in handing over the possession of the
Schedule Plot. The Purchaser/s shall take possession of the Schedule Plot even
if the said club house facilities are not complete or non-operational.
15 Conveyance of the Schedule Plot:

15.1 The Developer, on receipt of total sale consideration for the Schedule Plot from the
Allottee, shall execute a conveyance deed and convey the title of the Schedule Plot
after completing the development and within two (02) months from the date of
issuance of the release letter/ completion certificate. However, in case the Allottee
fails to pay the total sale consideration or deposit the stamp duty and/or registration
charges within the period mentioned in the notice, the Allottee authorizes the
21
Developer to withhold registration of the conveyance deed in his/her favour till
payment of total sale consideration, stamp duty and registration charges to the
Developer is made by the Allottee. The Allottee shall be solely responsible and
liable for compliance of the provisions of Indian stamp Act, 1899 including any
actions taken or deficiencies/penalties imposed by the competent authority(ies).
Possession of Schedule Plot would be made over to the Allottee/s only after Sale
Deed is executed and registered in his/her favour by the Developer.
15.2 The stamp duty and the registration charges, prevailing at the time of registration
of sale deed, legal expenses and all other miscellaneous and incidental expenses for
execution and registration of the Sale Deed including the deficit stamp duty and
registration fee that may be demanded by the Special Deputy Commissioner for
Detection of Undervaluation of Stamps and other Authorities for conveyance of the
Schedule Plot shall be borne by the Allottee. The Sale Deed preparation shall be
done only through the Developer’s Counsel identified by the Developer to ensure
that uniformity is maintained in documentation for the entire Project. In the event
of the Sale Deed being referred to the authorities for adjudication of stamp duty
and/or under valuation of the Schedule Plot, it is the responsibility of the Allottee
to attend to the same at his/her cost and secure release of the Sale Deed and the
Developer shall have no liability in respect thereto. The Allottee/s hereby authorize
the Developer to collect the original registered Sale Deed from the concerned Sub
Registrar’s office and hand over the same to the Bank wherever the Alottee/s has
availed the loan for acquiring the Schedule Plot.
16 Assignment/Nomination:
a) The Allottee/s shall not transfer the Schedule Plot for a period of 12
(Twelve) months from the date of execution of this Agreement. Thereafter, the
Developer may at their option permit assignment on charging an assignment fee of Rs.
____/- (Rupees _____________ only) per Square Feet to be calculated on Saleable
Area as its administrative charges and transfer fee for giving such consent. However,
assignment is permitted with in the relative as defined under the Income Tax Act 1961
without the payment of assignment fees. The Developer may grant such sanction,
provided at the time of such assignment the Allottee /s has/have paid all amounts
mentioned in this Agreement (and all other writings and Deeds that may be executed
here with), in respect of the said Apartment. Further in the event of such assignment,
the Developer shall not be liable to pay any compensation/damages payable by the
Developer under any of the terms and/or conditions of this Agreement. It is also made
clear that the Allottee/s will not be able to assign his/her/their rights in portions i.e., the
Allottee/s will have to either assign all his/her/their rights under this Agreement or
otherwise shall not be entitled to assign his/her/their rights at all.
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b) In addition to above, the Developer’s consent (if granted) to dispose, transfer or
sale by way of assignment of the said Apartment to a third party shall be inter alia
subject to the Allottee/s:-
(i) settling all charges outstanding and payable to the Developer
including Service Charges, maintenance charges, all other payments mentioned in this
Agreement and other overdue interest (if any);
(ii) Causing the new buyer(s) to execute fresh Sale
Agreement/Deeds with the Developer (as per the format of the Developer).
c) 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
Schedule Plot and the Project shall equally be applicable to and enforceable against
and by any subsequent Allottee of the Schedule Plot, in case of a transfer, as the said
obligations go along with the Schedule Plot for all intents and purposes.
d) In cases where the Allottee /s has raised bank loan, the Allottee/s should produce
No Objection Certificate from the Bank or financial institution, before assignment is
considered by the Developer.
17 OWNERS ASSOCIATION:
17.1 The Developer shall enable the formation of the Association of Allottee/s,
by whatever name called, within a period of three months of the majority of purchasers
having booked their plots in the ‘Brigade Oasis’.
17.2 The Allottee/s hereby agree/s and undertake to become a member of the Owners'
Association as and when formed by the Developer and/or by the purchasers of all
the plots and sign and execute all applications for Membership and other papers,
bye-laws and documents as may be necessary to form the Association and/or run
the said Association. The Allottee /s shall observe and comply all the bye-laws and
all the rules and regulations of the said Owners' Association and proportionately
share the expenses for running the Association and its activities referred to herein.
17.3 It is specifically made clear that the said Owners' Association on its formation is
not only for the purpose of attending to the social activities of its members
consisting of the owners/occupants of the layout but also for the management,
administration and control of the Infrastructure and for collecting common
expenses/Maintenance charges for up-keep and maintenance of common
areas/amenities/facilities etc.
17.4 That on the Project being handed over to the Association, the Developer shall not
be responsible for any consequence or liability on account of failure, negligence,
act or omission, obstruction, alteration, modification, restraint or improper use by
any or all the owners, service providers or their agents with regards to the Common
Areas, Amenities and Facilities.
18 Common Maintenance of the Project and Campus Deposit :
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18.1 The Developer will undertake the upkeep and maintenance of the common areas,
amenities and facilities in the Project ‘Brigade Oasis’ or entrust the same to any
Maintenance Company of their choice till the association of plot owners is formed
or for a period of 12 (twelve) months from the date of receipt of Release Letter/
Completion Certificate or from the date of official maintenance as may be decided
by the Developer (“Official Maintenance Period”) which ever is earlier. The
Official Maintenance will commence after all the basic amenities are provided to
‘Brigade Oasis’ including water and electricity making it habitable. Date of
commencement of Official Maintenance is as may be declared by the Developer
which is binding on all the Allottee. The Developer is not liable or bound to
maintain the common areas or collect the maintenance charges, once the official
maintenance period is over. Further, the Developer is not obligated to maintain the
plot, which is the responsibility of the plot owners who bought it. The Allottee/s
shall be liable to bear and pay the common expenses for the upkeep and
maintenance of the common areas, amenities and facilities in the Project ‘Brigade
Oasis’ for the period of 5 (Five) years in advance, which would be utilized for the
said purposes and any deficit would be made good by the Allottee/s. The Developer
is not liable for payment of common expenses for the unsold Plots.
18.2 The maintenance is applicable from the date of official maintenance as declared by
the Developer through Estate manager appointed for the Project. The Developer
will decide the Official Maintenance date after essential services like water,
electricity and sanitary (temporary or permanent) and other services are in place
and Release Letter/ Completion Certificate is procured for the Project. The official
date so declared by the Developer is binding on all the plot owners including
Allottee/s and cannot be questioned by any of them. For the plots sold subsequently,
maintenance is applicable from the date of registration of Sale deed or the date of
intimation that possession is ready (whether possession is taken or not) whichever
is earlier. In case, Allottee/s default/s or defer/s payment and in turn defer/s taking
over possession, still maintenance shall have to be paid as above, though
registration is completed or possession would have been taken subsequently.
18.3 The Developer will collect indicative maintenance charges for initial 5 (five) years
period and same shall be payable by the Allottee to the Developer on demand,
calculated at Rs. ______/- (Rupees _-------------- only) per sq. ft. plus GST as
applicable. The Developer will use the maintenance amount so collected for
maintaining the common areas or facilities. If the amount collected is fully used up
before completion of Official Maintenance Period, the Developer is entitled to
collect the additional amount from all the plot owners including the Allottee/s and
Allottee/s shall promptly pay the same as demanded by the Developer. Owners
association will have to be formed before expiry of Official Maintenance date and
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association so formed will have to take over the maintenance immediately on /
before expiry of Official Maintenance date. The Developer is not bound to maintain
the common area after the expiry of Official Maintenance date. The association will
have to collect the maintenance for the period subsequent to the Official
Maintenance date and Developer is not bound to do the same. Developer shall be
ceased to be responsible for the maintenance of the common areas immediately after
Official Maintenance period is completed and is entitled to withdraw from the
maintenance forthwith. Once the Association is formed and common areas are taken
over by the Owners’ Association, Developer will transfer the maintenance amount
unspent to the Association.
18.4 The Developer shall be responsible to provide and maintain essential services in the
Project till the taking over of the maintenance of the Project by the Association of
Allottees which have to be formed before expiry of Official Maintenance Period of
12 (twelve) months and association so formed will have to take over the
maintenance immediately on / before expiry of Official Maintenance date. The cost
of such maintenance has been excluded in the total sale consideration.
18.5 The Allottee/s shall also, pay upfront "Campus Corpus Fund” as specified by the
Developer which shall be calculated at Rs. -------/- (Rupees -------------- only) per
sq. ft. of the Schedule Plot as Allottee contribution for maintenance of ‘‘Brigade
Oasis’ Campus. The whole of the Corpus Fund made up of the contributions by the
purchasers of the Plots in ‘Brigade Oasis’ shall be retained by the Developer till the
formation of Associations consisting of all development in ‘‘Brigade Oasis’ and
transfer the same to the Association so formed in ‘Brigade Oasis’. The Allottee/s
shall have no right or authority to claim the refund/transfer of the campus corpus
fund. The contribution towards Corpus Fund is collected to ensure funds availability
for any major repairs or capital expenditure required to be incurred in ‘Brigade
Oasis’.
19 Defect Liability:
It is agreed that in case any defect in workmanship, quality or provision of services
with respect to common facilities as per the Agreement relating to external
development, excluding consumables like electrical and sanitary fittings, is brought
to the notice of the Developer within the period stipulated under relevant laws (not
exceeding Official Maintenance Period) it shall be the duty of the Developer to
rectify such defects from and out of maintenance collected. However,
Vendors/Manufacturer/Suppliers warranties and indemnities are applicable to
Equipment (like., generator, motors, STP, Transformers, etc.,) and
Developer/Service Provider /Association shall continue to have service
maintenance contract with the Vendors/Manufacturer/Suppliers for maintaining the
same throughout, from the maintenance collected. Fittings related to plumbing,
25
electrical, hardware etc., having natural wear and tear and any modifications with
respect to plumbing and electrical done without permission of the Developer are
excluded from defect liability period.
20 Right to enter the Schedule Plot for Repairs:
The Developer / Maintenance Agency shall have rights of unrestricted access of all
Common Areas, for providing necessary maintenance services.
21 Usage:
The Allottee shall use the Schedule Plot for construction of residential house only
and shall not use it for non-residential use nor display any board for advertising any
non-residential use therein. The construction of the residential house shall be strictly
according to the sanctioned plan obtained from the competent authority and as per
the bye-laws of Association of Owners. The Allottee shall not at any time, carry on
or suffer to be carried on/ in the Schedule Plot or any part thereof any non-
residential activity or any activity which is noisy, offensive or dangerous or the
pursuit of which may be or become in any way a nuisance, annoyance or danger to
other Plot owners irrespective of whether it may or may not tend to depreciate the
value, utility of the development or any part thereof. Further, the Allottee shall not
use or permit the use of the Schedule Plot in a manner which would diminish the
value and other common amenities provided in the Project. The Allottee shall not
store in the Schedule Plot any goods, which are hazardous or combustible or
considered objectionable by any authorities or dangerous. All the allottees who are
purchasers of Plots in the Project shall comply with such covenant to ensure that
there is peace and harmony and the well being of all residents at the Project. The
Allottee shall not be entitled to sub-divide or partition the Schedule Plot nor will
the Allottee be entitled to purchase another Plot and amalgamate or join the Plots.
The Schedule Plot shall be exclusively used as a single site in any manner in
perpetuity. The Allottee shall be solely liable for any damages caused to the
Common Areas during the construction put up on the Schedule Plot. The Allottees
cannot joint to build an apartment building by amalgamating the Katha.
22 General compliance with respect to the Schedule Plot:
22.1 Subject to Clause 18 above, the Allottee shall, after taking possession, be solely
responsible to maintain the Schedule Plot at his/her own cost, in good repair and
condition and shall not do or suffer to be done anything to the Schedule Plot or the
compound which may be in violation of any laws or rules of any authority or change
or alter or make additions to the Schedule Plot and keep the Schedule Plot, sewers,
drains, pipe and appurtenances thereto or belonging thereto, in good and tenantable
repair and maintain the same in a fit and proper condition and ensure that the same
is not in any way damaged or jeopardized.
26
22.2 The Allottee further undertakes, assures and guarantees that he/she would not put
any publicity material or advertisement material etc. on the Schedule Plot or on the
building to be constructed thereon or anywhere on the exterior of the Project,
buildings therein or Common Areas.
23 Compliance of Laws, Notifications etc., by the Parties:
The Parties are entering into this Agreement for the allotment of a Schedule Plot with
the full knowledge of all laws, rules, regulations, notifications applicable to the Project.
24 SPECIFIC PERFORMANCE & JURISDICTION:
Subject to Real Estate (Regulation and Development) Act, 2016, in the event of default
by the Promoter/Developer, the Allottee/s is/are entitled to enforce specific
performance of this contract. Similarly in the event of default by the Allottee/s, the
Promoter/Developer shall be entitled to enforce specific performance of this agreement
or take action as per this Agreement. The courts at Bangalore/Devanahalli along shall
have exclusive jurisdiction in all matters relating to this Agreement.
25 Binding Effect:
Forwarding this Agreement to the Allottee by the Developer does not create a binding
obligation on the part of the Developer 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 Developer. If the Allottee fails to execute and
deliver to the Developer this Agreement within fifteen (15) 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 Developer, then the Developer shall serve a notice to the Allottee
for rectifying the default, which if not rectified within 30 (thirty) 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 except the booking amount
shall be returned to the Allottee without any interest or compensation whatsoever.
26 Entire Agreement:
This Agreement, along with its schedules, 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
Schedule Plot.
27 Right to Amend:
This Agreement may only be amended through written consent of the Parties.
28 Applicability:
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
27
Schedule Plot shall equally be applicable to and enforceable against and by any
subsequent Allottees of the Schedule Plot, in case of a transfer/assignment, as the
said obligations go along with the Schedule Plot for all intents and purposes.
29 Waiver not a limitation to enforce:
29.1 The Developer may, at its sole option and discretion, without prejudice to its rights
as set out in this Agreement, waive the breach by the Allottee in not making
payments as per the Payment Plan including waiving the payment of interest for
delayed payment. It is made clear and so agreed by the Allottee that exercise of
discretion by the Developer in the case of one allottee shall not be construed to be
a precedent and /or binding on the Developer to exercise such discretion in the case
of other allottees.
29.2 Failure on the part of the Parties to enforce at any time or for any period of time the
provisions hereof shall not be construed to be a waiver of any provisions or of the
right thereafter to enforce each and every provision.
30 Severability:
If any provision of this Agreement shall be determined to be void or unenforceable
under the Act or the Rules and Regulations made there under or under other
applicable laws, such provisions of the Agreement shall be deemed amended or
deleted in so far as reasonably inconsistent with the purpose of this Agreement and
to the extent necessary to conform to Act or the Rules and Regulations made there
under or the applicable law, as the case may be, and the remaining provisions of
this Agreement shall remain valid and enforceable as applicable at the time of
execution of this Agreement.
31 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.
32 Place of Execution:
The execution of this Agreement shall be complete only upon its execution by the
Developer at the Developer’s Office, or at some other place, which may be mutually
agreed between the Developer and the Allottee
33 Notices:
33.1 That all notices to be served on the Allottee and the Developer as contemplated by
this Agreement shall be deemed to have been duly served if sent to the Allottee or
28
the Developer by Registered Post at their respective addresses specified in the
beginning of this Agreement.
33.2 It shall be the duty of the Allottee and the Developer 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 Developer or the
Allottee, as the case may be.
34 Joint Allottees:
That in case there are Joint Allottees all communications shall be sent by the
Developer 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 Savings:
Any application letter, allotment letter, agreement, or any other document signed
by the Allottee, in respect of the Schedule Plot, prior to the execution of this
Agreement shall not be construed to limit the rights and interests of the Allottee
under the Agreement or under the Act or the rules or the regulations made there
under.
36 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 Act and the Rules and
Regulations made there under including other applicable laws of India for the time
being in force.
37 Dispute Resolution:
All or any disputes arising out or touching upon or in relation to the terms and
conditions of this Agreement, including the interpretation and validity of the terms
thereof and the respective rights and obligations of the Parties, shall be settled
amicably by mutual discussion, failing which the same shall be settled through the
adjudicating officer appointed under the Act.
29
LARGER PROPERTY
(Description of the Larger Property)
All that piece and parcel of undeveloped immovable properties described in the table below,
totally measuring 66 Acres 19 Guntas, situated at Lakshmipura Village, Kasaba Hobli,
Devanahalli Taluk, Bangalore Rural District:
Sl. Details of the Property Extent

Boundaries
No.
Site No. Survey No. A G
Site No. 4 27/2 (2 Acre East by : Land bearing Sy No. 27;
10 Guntas) West by : Village Boundary and Sy. Nos. 2
& 1;
1. 02 10
North by : Land bearing Sy. No. 27 & Sy.
No. 2; and
South by : Temple property & Sy. No. 28.
Site No. 5 4/6 (2 Acres East by : Land bearing Sy. No. 4;
10 Guntas) West by : Village Boundary & private
2. 02 10 property;
North by : Land bearing Sy. No. 4; and
South by : Private Property (Sy. No. 56).
Site No. 6 4/5 (2 Acres East by : Remaining portion of land bearing
10 Guntas) Sy. No. 4;
West by : Boundary & private property;
0
3. 10 North by : Remaining portion of land bearing
2
Sy. No. 4; and
South by : Remaining portion of land bearing
Sy. No. 4.
Site No. 7 4/4 (1 Acre East by : Land bearing Sy. No. 6;
13 Guntas) West by : Private Property;
5/6 (34 0 North by : Land bearing Sy. Nos. 4, 5 & 6;
4. 10
Guntas) 2 and
6/13 (3 South by : Land bearing Sy. No. 4.
Guntas)
Site No. 8 4/3 (1 Acre East by : Land bearing Sy. No. 6;
3 Guntas) West by : Village Boundary;
5. 02 10
5/5 (1 Acre North by : Remaining portion of land bearing
2 Guntas) Sy. Nos. 4, 5 & 6; and
30
6/5 (5 South by : Remaining portion of land bearing
Guntas) Sy. Nos. 4, 5 & 6.
Site No. 9 4/2 (27 East by : Land bearing Sy. No. 6;
Guntas) West by : Private Property;
5/4 (1 Acre North by : Remaining portion of land bearing
6. 02 10
11 Guntas) Sy. Nos. 4, 5 & 6; and
6/4 (12 South by : Remaining portion of land bearing
Guntas) Sy. Nos. 4, 5 & 6.
Site No. 4/1 (9 East by : Remaining portion of same Sy.
10 Guntas) No. 6;
5/3 (1 Acre West by : Private Property;
7. 23 Guntas) 02 10 North by : Remaining portion of same Sy.
6/3 (18 No. 5 & 6; and
Guntas) South by : Remaining portion of same Sy.
No. 4, 5 & 6.
Site No. 5/2 (1 Acre East by : Remaining portion of land bearing
11 21 Guntas) Sy. No. 6;
6/2 (29 West by : Private Property;
8. Guntas) 02 10 North by : Remaining portion of land bearing
Sy. No. 5 & 6; and
Sy. No. 5 & 6.
Site No. 5/1 (9 East by : Remaining portion of same Sy.
12 Guntas) Nos. 8 & 6;
6/1 (13 West by : Private Property;
9. 02 10
Guntas) North by : Private Property; and
8/1 (1 Acre South by : Remaining portion of same Sy.
28 Guntas) No. 5 & 6.
Site No. 8/2 (1 Acre East by : Private Property;
13 6 Guntas) West by : Remaining portion of same Sy.
9/1 (1 Acre No. 8;
10. 4 Guntas) 02 10 North by : Private Property; and
South by : Remaining portion of same Sy.
Nos. 8 & 9.
Site No. 8/3 (33 East by : Private Property;

11. 02 10
14 Guntas)
31
9/2 (1 Acre West by : Remaining portion of land bearing
17 Guntas) Sy. No. 8;
North by : Remaining portion of land bearing
Sy. No. 8 & 9; and
Sy. No. 8 & 9.
15 Guntas) West by : Remaining portion of same Sy.
7/1 (9 No. 6 & 8;
Guntas) North by : Remaining portion of same Sy.
12. 02 10
8/4 (13 No. 8 & 9; and
Guntas) South by : Remaining portion of same Sy.
9/3 (1 Acre Nos. 6, 7 & 9.
25 Guntas)
16 Guntas) West by : Remaining portion of same Sy.
9/4 (34 No. 6;
13. Guntas) 02 10 North by : Remaining portion of same Sy.
7/2 (1 Acre No. 6, 7 & 9; and
4 Guntas) South by : Remaining portion of same Sy.
No. 6 & 7.
Site No. 7/3 (1 Acre) East by : Remaining portion of land bearing
17 Sy. No. 11;
West by : Remaining portion of same Sy.
No. 6;
14. 01 00
North by : Remaining portion of same Sy.
Nos. 6 & 7; and
South by : Remaining portion of same Sy.
Nos. 6, 7 & 11.
Site No. 6/10 (21 East by : Nala;
18 Guntas) West by : Remaining portion of land bearing
7/4 (1 Acre Sy. No. 6;
15. 29 Guntas) 02 10 North by : Remaining portion of land bearing
Sy. Nos. 6 & 7; and
Sy. Nos. 6 & 7.
16. 02 10
19 Guntas) West by : Land bearing Sy. No. 6;
32
7/5 (1 Acre North by : Land bearing Sy. Nos. 6 & 7; and
25 Guntas) South by : Land bearing Sy. Nos. 6 & 7.
Site No. 7/6 (1 Acre East by : Nala;
20 13 Guntas) West by : Land bearing Sy. No. 6;
17. 02 10
6/8 (37 North by : Land bearing Sy. Nos. 6 & 7; and
Guntas) South by : Land bearing Sy. Nos. 6 & 7.
21 27 Guntas) West by : Remaining portion of land bearing
27/1 (23 Sy. No. 27;
18. 02 10
Guntas) North by : Remaining portion of land bearing
Sy. No. 27; and
South by : Land bearing Survey No. 28.
Site No. 2/2 (2 Acres East by : Nala;
23 10 Guntas) West by : Land bearing Sy. No. 4;
North by : Land bearing Sy. Nos. 26 & 27;
19. 02 10
and
South by : Land bearing Sy. Nos. 26, 27 &
31.
20. 27/3 (1 Acre 02 10 North by : Land bearing Sy. Nos. 2 & 27; and
32 Guntas) South by : Land bearing Sy. Nos. 26, 27 &
31.
27/4 (1 Acre North by : Land bearing Sy. Nos. 26 & 27;
21. 26 Guntas) 02 10 and
26/7 (22 South by : Land bearing Sy. Nos. 26, 27 &
Guntas) 31.

26 Guntas) West by : Remaining portion of land bearing
27/5 (1 Acre Sy. No. 2
22. 02 10
20 Guntas) North by : Remaining portion of land bearing
31/9 (10 Sy. No. 2; and
Guntas) South by : Land bearing Sy. No. 27.
Site No. 28 (old Sy. East by : Land bearing Sy. No. 28/6;
23.
27 No. 28/6) West by : Land bearing Sy. No. 28;
33
(01 Acre 21 North by : Private Property; and
Guntas) 02 08 South by : Land bearing Sy. No. 29/5.
29 (old Sy. East by : Land bearing Sy. No. 29/4;
No. 29/5) West by : Land bearing Sy. No. 29/3;
(27 Guntas North by : Land bearing Sy. No. 28/6; and
South by : Doddaballapura Road.
Site No. 2/5 (31 East by : Land bearing Sy. No. 27;
24. 3/3 (1 Acre 02 10 North by : Land bearing Sy. Nos. 2 & 3; and
19 Guntas) South by : Land bearing Sy. No. 1 (Private
Property).
Site No. 2/4 (1 Acre East by : Land bearing Sy. Nos. 2 & 27;
87 04 Guntas) West by : Land bearing Sy. No. 4, 56 &
3/2 (1 Acre Private Property;
25. 06 Guntas) 02 10 North by : Remaining portion of land bearing
Sy. Nos. 2 & 3; and
Sy. Nos. 2 & 3.
Site No. 4/7 (4 East by : Land bearing Sy. No. 2;
26. 3/1 (2 Acres 02 10 North by : Land bearing Sy. Nos. 4, 5 & 6;
6 Guntas) and
South by : Land bearing Sy. Nos. 2 & 3.
90 11 Guntas) West by : Lands bearing Sy. Nos. 28 & 29;
27. 01 11
North by : Land bearing Sy. No. 31; and
South by : Road.
28. Survey No. 60 01 28 East by : Land bearing Sy. No. 15;
29. Survey No. 61 01 21 West by : Land bearing Sy. Nos. 9 & 2;
30. Survey No. 62 01 21 North by : Land bearing Sy. No. 10; and
Survey No. 63 South by : Land bearing Sy. Nos. 11, 12 &
31. 01 22
13.
34
SCHEDULE ‘A’ PROPERTY
(Description of the Schedule ‘A’ Properties)
Sl. Details of the Property Extent

Boundaries
No.
Site No. Survey No. A G
East by: Land bearing Sy.No.6/8
Site No.7 6/13 West by: Land bearing Sy.No.5/6
1. 00 03
North by: Land bearing Sy.No.6/5
South by: Land bearing Sy.No.6/7.
East by: Land bearing Sy.No.6/11 & 6/12
2. 00 29
South by: Land bearing Sy.No.6/3.
East by: Land bearing Sy.No.6/6 & 6/12
3. 00 13
South by: Land bearing Sy.No.6/2
East by: Land bearing Sy.No.8/2, 8/3 & 8/4
Site No.12 8/1 West by: Private property
4. 01 28
North by: Private property
South by: Land bearing Sy.No.6/1 & 5/1.
5. 01 06
East by: Land bearing Sy.No.10
6. 01 04
7. 00 33
East by: Land bearing Sy.No.10 & 63
8. 01 17
35
9. 00 09
North by: Land bearing Sy.No.8/4 & 9/3
10. 00 18
South by: Land bearing Sy.No.6/6 & 7/1.
East by: Land bearing Sy.No.62
Site No.15 9/3 West by: Land bearing Sy.No. 7/1 & 8/4
11. 01 25
12. 00 12
East by: Land bearing Sy.No.60 & 61
13. 00 34
Site No.16 7/2 East by: Land bearing Sy.No.9/4
West by: Land bearing Sy.No.6/12
14. 01 04
North by: Land bearing Sy.No.7/1 & 9/3
15. Survey Number 60 02 00 East by : Land bearing Sy. No. 15;
Survey Number 61 West by : Land bearing Sy. Nos. 9 & 2;
16. 02 00
Survey Number 62 North by : Land bearing Sy. No. 10; and
17. Survey Number 63 02 00 South by : Land bearing Sy. Nos. 11, 12 &
13.
18. 02 00
Schedule ‘B’ Property

(Description of the Schedule Plot agreed to be sold under this Agreement)
All that Residential Schedule Plot bearing No. _____, in residential layout project known as
“Brigade Oasis” situated on the Schedule ‘A’ Property, on site ad-measuring East
_____meters to West ____ meters, North ______meters to South ____ meters, measuring in
total ___________ square meter and (_________) square feet and the Schedule Plot is
bounded on the :
36
East by :______
West by :_______
North by :_______
South by :_______
Schedule – ‘C’
Layout Plan demarcating the Schedule Plot no. ________
Schedule – ‘D’
(Payment Plan)
The consideration for sale of Schedule `B’ Properties is Rs. {{agreement value}}/-. The
Purchaser/s has/have paid the Builder Rs. {{part payment}}/- by way of part payment
towards sale price and the balance amount shall be payable in the following manner.
1 On Booking XXXXXXXX
2 On Agreement XXXXXXXX
3 On or before ….......... XXXXXXXX
7 On or before …..........
9
On or before …..........
12 XXXXXXXX
On Intimation of Possession
Note: (1) Expenses towards stamp duty, registration charges, legal fee, GST and service taxes
as applicable and any other statutory levies, club membership fees, services charges towards
property assessment and advance maintenance charges, one time corpus fund for campus
37
maintenance and maintenance deposit/corpus as detailed or referred to in the Allotment letter
and elsewhere in this Agreement will be extra and is to be borne and paid by the Purchaser.
(2) All the payments mentioned here above shall be paid by way of Cheque or Demand Draft
payable at par in Bangalore drawn in favour of “Brigade Enterprises Limited” only. In case
of outstation cheques, clearance charges will be debited to the Purchaser’s account. OR can
be paid by Electronic Fund Transfer: NEFT (National Electronic Fund Transfer), RTGS (Real
Time Gross Settlement), IMPS (Immediate Payment Service), UPI (Unified Payments
Interface) etc.
Schedule – ‘E’
(The Rights and Obligations of the Allottee)
I Rights of the Allottee:
The Allottee shall have the following rights with respect to the Schedule Plot:
1. The right and liberty to the Allottee and all persons entitled, authorized or permitted by the
Developer (in common with all other persons entitled, permitted or authorized to a similar
right) at all times, and for all purposes, to use the internal roads in the Project for ingress
and egress and use in common without causing obstruction for free movement therein.
2. The right to free and uninterrupted passage of water, gas, electricity, sewerage, etc., to the
Schedule Plot through the pipes, wires, sewer lines, drain and water courses, cables, pipes
and wires which are or may at any time hereafter be, in, under or passing through the
Schedule ‘A’ Property.
3. Right to use along with other owners of the Project all the common facilities provided in the
Project on payment of such sums as may be prescribed from time to time by the Developer
or the Maintenance Agency or the Association of Allottees;
4. Right to use and enjoy the common roads, common areas and parks and open spaces and
common facilities in the Project in accordance with the purpose for which they are provided
without endangering or encroaching the lawful rights of other owners/users.
5. Right to put up a single dwelling house after taking license and plan sanctioned form the
concerned authorities and local laws at the cost of the Allottee.
II Obligations of the Allottee:

1. The Allottee admits and acknowledges that the Developer or his/her nominee/s or assignee/s
reserves the right to display any hoardings, signboards, advertisements in the Common
Areas all frontages all internal, attached and external roads, lifts, installation of solar panels,
within the Project, and nobody shall be allowed to obstruct the vision of such signboards /
display.
2. The Allottee undertakes not to commit any nuisance or do anything which may cause
disturbance or annoyance to the owners/occupants of the Project.
3. The Allottee recognizes and acknowledges that the Common Areas and amenities including
38
internal roads, landscapes of the Project, shall be used by all occupants/residents of the plots
in the Project. The Allottee recognizes that the Developer shall carry out inspections, repairs
and maintenance through its agents in the Common Areas and amenities and the Allottee
shall not object/obstruct/hinder the right of way or such activities by the Developer or their
agents.
4. The Allottee shall not encroach upon any roads, parks and open spaces in the Schedule `A'
Property and shall keep the same free from any obstructions. The Allottee shall not trespass
into other plots or areas not earmarked for common use.
5. The Allottee agrees that the above terms and conditions shall be deemed as covenants, terms
and conditions accepted and agreed between all the co-owners jointly and are enforceable
by every co-owner against any other co-owner and the said covenants, terms and conditions
shall run with the premises hereby agreed to be constructed (the Schedule Plot).
6. The Allottee shall also observe and abide by all Rules, Regulations, Bye-laws, Acts, etc.,
prescribed by the Owners’ Association, State/Central Government, Planning Authority,
Local Body, or any Authority in regard to ownership or enjoyment of the Schedule Plot and
pay all taxes, levies, cess, betterment charges, etc., whether applicable now or in suspension
due to any judicial process or those that may be introduced in future.
7. The Allottee shall pay five (5) years indicative maintenance charges as charged to all the
Schedule Plot owners upfront on demand to the Developer /the Agency appointed by the
Developer “Common Maintenance Charges” as specified by the Developer. At the time of
registration or handing over possession as may be decided by the Developer, the Allottee
shall pay five (5) years’ maintenance fee in advance. The Developer is not liable for payment
of common expenses for the unsold plots. Once the Association is formed and common
areas are taken over by the Owners’ Association, Developer will transfer the maintenance
amount unspent to the Association. The same will be retained by the Association of Owners
in a nationalized bank and the interest earned thereon will be utilized for meeting the
expenses of major assets and capital expenses of the Common Areas and facilities, its repairs
etc. In case the interest accrued is, in the opinion of the Association of Owners is
inadequate/insufficient to meet maintenance/capital expenses of the Project post
completion, the Association of Owners shall call for additional deposit and the Allottee shall
pay the same immediately without any delay within fifteen (15) days of such demand.
8. The Allottee accepts that the amenities provided in the Project shall be maintained by the
Association of Owners and the Allottee agrees and undertakes to be part of formation of the
Association of Owners in the name together with other allottee/s of the Project as and when
called for by the Developer. The Allottee shall not form any rival association/society,
however members of the Association of the Owners shall have the right to choose the office
bearers and/or the governing body of the Association of the Owners as per statutory
regulations, rules, by-laws of the Association of the Owners and shall agree to be governed
by bye-laws, rules and regulations of the Association of the Owners without any
39
protest/demur.
9. The Allottee acknowledges that the amenities provided require timely and efficient
maintenance system which involves constant monetary expenses, as part of the community
living. The Allottee is responsible to share the maintenance cost proportionately with the
other occupants of the Project from the Possession Date.
10. The Allottee shall not put more than one dwelling unit on the Schedule Plot and the Allottee
shall not divide or sub-divide the Schedule Plot in any manner.
11. Not to use the space left open after construction in the Schedule ‘A’ Property in any manner
which might cause hindrance to or obstruct the free movement of vehicles or for users of
adjoining properties
12. No owner including Allottee can get exempted from liability for contribution towards
common expenses by waiver of the use or enjoyment of any common areas and facilities in
the Project.
13. The Allottee shall from the date of handing over possession, maintain the Schedule Plot at
his/her cost in a good condition and shall not do or suffer to be done anything in or to the
said Schedule Plot and/or the Common Areas, which may be against the rules and bye-laws
of any statutory authority. The Allottee shall keep the Schedule Plot in good condition and
shall not do any work which would reduce the value of the Project.
14. The Allottee shall pay to the Developer or the Maintenance Agency or the Association of
Allottees as the case may be the following proportionate expenses.
a. Expenses for maintenance of pump sets and other machineries, common sanitary and
electrical connections in the Project including the cost of AMC‘s for these
equipment;
b. Electricity consumption charges for running all common services and lighting the
Common Areas and all open areas and facilities in the Project.
c. Cost of replacement of electrical fittings and bulbs in all common areas, driveway
and open places in the Project;
d. Expenses incurred in the maintenance of landscape, Gardens, pots and other plants
in the Project;
e. Salaries and wages payable to the property manager, security guards, plumbers,
electricians, gardeners, pumps and generator operators and all other staff appointed
for the Project;
f. Such other expenses which are common in nature and not attributable to any unit in
particular but relates to the development in the Project in general.
Restrictions
1. The Allottee shall use the Schedule Plot for residential purpose and no other purposes or
no trade or any business shall be carried on in the Schedule Plot. The Schedule Plot shall
not be used for any other commercial purposes.
40
2. The Allottee shall not dispose or throw garbage/rubbish/waste/used items in the township
common areas, open areas, roads, parks etc., and shall strictly follow the rules and
regulations for garbage segregation at source and disposal as prescribed by the Developer
or the statutory authority.
3. The Allottee shall not sink a bore well or create/dig any wells in the Schedule Plot.
4. The Allottee shall while constructing the residential building on the Schedule Plot, not
cause any nuisance/annoyance to the other occupants of the other Schedule Plots, nor shall
damage/alter alignment/route of water services, sewer lines or any other services and shall
not use the Common Areas, roads, open spaces in the Schedule ‘A’ Property for storing or
dumping materials/debris, etc. The Allottee shall strictly observe all the rules, regulations
and restrictions that may be generally/specifically imposed/prescribed by the Developer
and/or the Association of Owners for carrying on the construction of the residential building
in the Schedule Plot. The Developer and/or the Association of Owners shall have right to
inspect the Schedule Plot regarding execution of construction works and adherence by the
Allottee of all the rules, by giving reasonable notice to such Allottee.
IN WITNESS WHEREOF, the Parties hereinabove named have set their respective hands
and signed this AGREEMENT FOR SALE in the presence of attesting Witnesses, on the
day first above written.
WITNESSES:
1) PROMOTER
BUILDER
2)
ALLOTTEE/S
41

Brigade Oasis Phase 2 Agreement To Sell

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Brigade Oasis Phase 2 Agreement To Sell

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AGREEMENT FOR SALE

hereinafter referred to as “Promoter” (which expression shall unless it be repugnant to

C. Pursuant to the execution of the Development Agreement, the Developer, on behalf of

14.4) The Purchaser/s as long as he/she/they remain occupant of the apartment/built

14.5) It is clarified that non-completion or non-operation of club house facilities or

15 Conveyance of the Schedule Plot:

Sl. Details of the Property Extent

Site No. 8/3 (33 East by : Private Property;

Site No. 26/10 (20 East by : Nala;

Sl. Details of the Property Extent

Schedule ‘B’ Property

3 On or before ….......... XXXXXXXX

4 On or before ….......... XXXXXXXX

5 On or before ….......... XXXXXXXX

6 On or before ….......... XXXXXXXX

8 On or before ….......... XXXXXXXX

11 On or before ….......... XXXXXXXX

II Obligations of the Allottee:

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