1

Ward No. :8-B

Village : Barave
Flat Area : ___________ sq. meters
Actual Value:- : Rs. ________________
Market Value:- : Rs. ________________

AGREEMENT FOR SALE

This Agreement made and entered into at Kalyan,

on this _______ day of ____________ 202__

BETWEEN
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M/s.Mahima Infra Estates LLP, a Limited Liability Partnership registered

under the provisions of Limited Liability Partnership Act, 2008, having its
registered office at 202, Ratandeep Apartment, near Sapna Garden,
Ulhasnagar-3 through its partner Shri.Raju Thakurdas Jaisinghani
hereinafter called and referred to as the Owner/ Promoter (which expression
shall unless it be repugnant to the context or meaning thereof mean and
include the successors, survivors, executors, administrators and assigns)
being the Party of the First Part
A N D
1)____________________________________________________________________________
aged _____ years, occupation ___________________ PAN No. _____________________
residing at___________________________________________________________________
____________________________________________________________________________
2)____________________________________________________________________________
aged _____ years, occupation ___________________ PAN No. _____________________
residing at___________________________________________________________________
_____________________________________________________________________________
3) __________________________________________________________________________
aged _____ years, occupation ___________________ PAN No. _____________________
residing at :__________________________________________________________________
______________________________________________________________________________
Contact No.____________________ e-mail ______________________________________
hereinafter called and referred to as the Purchaser/s (which expression shall
unless it be repugnant to the context or meaning thereof mean and include
his/her/their heirs, executors, administrators and assigns) being the Party of
the Second Part;

WHEREAS the Promoter herein is the owner of and well and sufficiently entitled
to all that piece and parcel of land lying, being and situate at village Barave,
Taluka Kalyan, District Thane, within the limits of the Kalyan Dombivali
Municipal Corporation bearing Survey No. 4 Hissa No.1 admeasuring 1900 sq.
metres hereinafter called and referred to as the entire property.

AND WHEREAS the Owner Promoter has acquired the abovesaid property by
and under a Deed of Conveyancedated 30.03.2019 made and executed between
M/s. K. Bhatia Developers then known as M/s Vaijanath Realtors, a
partnership firm further converted to M/s Vaijanath Realtors LLP as the Owner
and M/s Mahima Infra Estates LLP viz. the Owner Promoter herein therein
referred to as the Purchaser registered at the office of Sub-Registrar of
Assurances at Kalyan-2 under serial No. 4516/2019 and the name of Owner
Promoter herein stands mutated in the records of right as evidenced by
mutation entry No. 1243.
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AND WHEREAS the Promoters with the intention to develop the said property
submitted building proposal to Kalyan Dombivali Municipal Corporation on the
land admeasuring 1900 sq. meters and during the course of scrutiny, the area
of the land as per possession stood at1792.25 sq. meters and after deducting
an area admeasuring 350 sq. meters being affected by 15 meter wide road
setback, the net area of the plot was arrived at 1442.25 sq. meters and on such
area the Kalyan Dombivali Municipal Corporation sanctioned the plan and
granted the building commencement certificate under No.
KDMP/NRV/BP/KV/CC/ 0058/19dated 02.08.2019 wherein the said entire
property stood subdivided by passing of 15 meter wide road into two portions
being Plot No.1 admeasuring 850 sq. meters and Plot No.2 admeasuring 592.25
sq. meters and the sanction accords the permission of –

Building on Plot No.1 – Stilt (pt), Ground (pt) + First Floor to Six Floors
(pt) (Residential + Commercial)

Building on Plot No.2 – Stilt (pt), Ground (pt) + First Floor to five Floors(pt)
(Residential + Commercial)

AND WHEREAS further the Promoter has obtained revised sanction and
approval from the Kalyan Dombivali Municipal Corporation under No. KDMC /
TPD / BP / KD / 2019 – 20 / 0058 / 30 dated 30.04.2021 and the said
sanction accords the permission of

Building on Plot No.1 – Stilt (pt), Ground (pt) + First Floor to Seventh
Floor (Residential + Commercial)

Building on Plot No.2 – Stilt (pt), Ground (pt) + First Floor to Seventh
Floor (Residential + Commercial)

and the Promoter intends to commence and carry out the construction of such
two buildings and have declared that the Promoter shall form separate co-
operative housing society and/or corporate body as the case may be and taking
into consideration the natural sub-division of property due to passing of road,
the conveyance and transfer of land will not be equivalent to the floor space
index consumed in the construction of the building situated on such two plots
and it shall be the absolute discretion of the Promoter to formulate the policy of
ultimate transfer of the said land in favour of the society/ies.

AND WHEREAS the Promoters expressed their intention to sale the Flats and
Units in the proposed building being constructed on Plot 2 admeasuring 592.25
sq. meters in the name and style as "Ira" hereinafter called and referred to as
the project land forming a part of the entire property and more particularly
described in the first schedule hereunder written and have obtained the
certificate of registration under Real Estate (Regulation & Development) Act,
2016 bearing No. P51700026854 dated 31.10.2020.
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AND WHEREAS the Promoter has also intended to procure, use, utilize the
maximum potentiality of the Floor Space Index in the form of Transferable
Development Rights and / or other permitted increases and incentives therein
and also to obtain the revised sanction for construction of additional floor/s on
the present sanctioned building/s and to have additional structures as may be
permitted by the Kalyan Dombivali Municipal Corporation and to modify, alter
and revise the above sanction plans comprising of the above sanctioned
buildings.

AND WHEREAS the Purchaser being came to know about the intention of the
Promoter as regards the proposed scheme of construction and after going
through the entire disclosures made by the Promoter under the provisions of
Real Estate (Regulation & Development) Act, 2016, offered to acquire a flat
being Flat No.________ on _______ floor admeasuring __________ sq. mts. Carpet
along with the right to use the open terrace admeasuring _______ sq. mts and
also stilt parking space No. _____ in the scheme of construction known as “IRA”
hereinafter for the sake of brevity called and referred to as the "Said Flat" and
shown and marked accordingly on the floor plan annexed in Annexure “D”.

AND WHEREAS the Promoters have also shown to the Purchaser/s the entire
layout, sanction of plans and have disclosed their intention to avail the
additional permitted incentives and increases in floor space index, and / or
amalgamate the said property with the adjacent properties and obtain revised
building permissions, sanctions and approvals from time to time and to
complete the entire construction on the said property and / or the
amalgamated property and on completion of the entire scheme of construction
to form co-operative housing society / societies, condominium of apartment
owners or corporate body and to transfer and convey the land and the
structures to such cooperative housing society, condominium of apartment
owners or corporate body as the case may be and the Purchaser after going
through the said sanctions plan, layout and verifying and analyzing the
proposed change, modification and revisions to be sought by the Promoters
have granted his / her / their clear, express and unequivocal consent to the
same and have expressly declared that he / she / they shall not raise any
objection, claim or dispute in respect of any change, modification, revision and
/ or consumption of additional floor space index as permitted by the Kalyan
Dombivali Municipal Corporation on the said property or any part thereof
and/or the amalgamated scheme of construction and shall grant their utmost
and sincere cooperation to the same.

AND WHEREAS the Purchaser/s herein has/have understood the entire

scheme of construction, the fact of the natural subdivision of the entire
property in two plots due to passing of road, the mode and manner of formation
of separate housing society of the buildings constructed on the two plots and
that the ultimate transfer of land shall not be equivalent to the floor space
index consumed in the construction of the building thereon and have granted
his / her express and irrevocable consent and confirmation for the same.

AND WHEREAS the Promoters relying upon the above representations made to
the Purchaser/s and the Purchaser accepting the same and / or granting his /
her clear, express and unequivocal consent has agreed to sell to the
Purchaser/s and the Purchaser/s has/have agreed to acquire the said Flat No.
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_________ on _______ floor admeasuring _______ sq. mts. carpet along with the
right to use the open terrace admeasuring ______ sq. mts and also stilt parking
space No. _____ in the scheme of construction known as “Ira”(hereinafter called
and referred to as the “said premises“).

AND WHEREAS the Promoter has clearly brought to the notice and knowledge
of the Purchaser herein the above facts of changes, modifications, further
expansions, amalgamation of the adjacent lands in the scheme of construction
and its present and future course of the scheme of development on the said
property and / or the adjacent property in the manner herein recited and the
Purchaser has clearly understood the same and in confirmation thereof has
granted his / her clear, express, unequivocal and irrevocable consent for the
same by executing agreeing to executing this agreement.

AND WHEREAS as per the above recited agreements and permissions as well
as above disclosures and further course of development, modification or
expansion therein, the Promoter is entitled to develop the said property and
carry out the construction of the proposed building at their own costs and
expenses and to dispose of the residential flats and units constructed in the
building on ownership basis and to enter into agreements with the purchaser
and to receive the sale price in respect thereof and upon such disposal of the
flats and units to convey the said land together with the building constructed
thereon in favour of the co-operative housing society of all those several
persons acquiring the respective flats and units.

AND WHEREAS the Promoters are entitled and enjoined upon to construct
buildings on the project land in accordance with the recitals hereinabove;
AND WHEREAS the Purchaser is offered a flat / unit bearing number ______
on the ______ floor, admeasuring _______ sq. mts. carpet along with the right to
use the open terrace admeasuring ______ sq. mts and also stilt parking space
No. _____ in the scheme of construction known as “Ira” (herein after referred to
as the said “premises”) in the building known as “Ira”in the scheme of
construction known as “Ira” at and for the consideration of Rs.________________
(Rupees: ____________ ________________________________________________only).

AND WHEREAS the Purchaser after going through the entire disclosures, the
future course of expansion and development and also verifying the site of the
building and the work of construction and its progress thereof, the site of
infrastructural and recreational facilities and amenities and nature and scope
thereof and after being satisfied about the same has agreed to enter into this
agreement and further expressly and irrevocable declare that he shall not raise
any objection, claim, demand or action in respect of the additions,
modifications, changes and / or further alterations in the scheme of
construction as may be permitted the concerned town planning authorities
from time to time and accordingly has granted his / her express and
irrevocable consent and confirmation for the same.
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AND WHEREAS the Promoter has entered into a standard Agreement with an
Architect registered with the Council of Architects and such Agreement is as
per the Agreement prescribed by the Council of Architects;

AND WHEREAS the Promoter has appointed a structural Engineer for the
preparation of the structural design and drawings of the buildings and the
Promoter accepts the professional supervision of the Architect and the
structural Engineer till the completion of the building/buildings.

AND WHEREAS on demand from the Purchaser, the Promoter has given
inspection to the Purchaser of all the documents of title relating to the project
land and the plans, designs and specifications prepared by the Promoter's
Architects and of such other documents as are specified under the Real Estate
(Regulation and Development) Act 2016 (hereinafter referred to as "the said
Act") and the Rules and Regulations made thereunder;

AND WHEREAS the authenticated copies of Certificate of Title issued by the

attorney at law or advocate of the Promoter, authenticated copies of Property
card or extract of Village Forms VI and VII and XII or any other relevant
revenue record showing the nature of the title of the Promoter to the project
land on which the Premises are constructed or are to be constructed have been
annexed hereto and marked as Annexure 'A' and 'B', respectively.

AND WHEREAS the authenticated copies of the plans of the Layout as

approved by the concerned Local Authority have been annexed hereto and
marked as Annexure C-1.

AND WHEREAS the authenticated copies of the plans of the Layout as

proposed by the Promoter and according to which the construction of the
buildings and open spaces are proposed to be provided for on the said project
have been annexed hereto and marked as Annexure C-2.

AND WHEREAS the authenticated copies of the plans and specifications of the
Premises agreed to be purchased by the Purchaser, as sanctioned and
approved by the local authority have been annexed and marked as Annexure D.

AND WHEREAS the Promoter has got the approvals from the concerned local
authority(s) to the plans, the specifications, elevations, sections and of the said
building/s and shall obtain the balance approvals from various authorities
from time to time, so as to obtain Building Completion Certificate or Occupancy
Certificate of the said Building and the said fact of such stage of progress of
construction work, building wise, phase wise completion is also disclosed and
brought to the notice and knowledge of the Purchaser herein.

AND WHEREAS while sanctioning the said plans concerned local authority
and/or Government has laid down certain terms, conditions, stipulations and
restrictions which are to be observed and performed by the Promoter while
developing the project land and the said building and upon due observance and
performance of which only the completion or occupancy certificate in respect of
the said building/s shall be granted by the concerned local authority.
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AND WHEREAS the Promoter has accordingly commenced construction of the

said building/s in accordance with the said proposed plans.

AND WHEREAS the carpet area of the said premises is ______ square meters
and "carpet area" means the net usable floor area of the said premises,
excluding the area covered by the external walls, areas under services shafts,
exclusive balcony appurtenant to the said Premises for exclusive use of the
Purchaser or verandah area and exclusive open terrace area appurtenant to
the said Premises for exclusive use of the Purchaser but includes the area
covered by the internal partition walls of the premises.

AND WHEREAS, 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;

AND WHEREAS, prior to the execution of these presents the Purchaser has
paid to the Promoter a sum of Rs.________________ (Rupees: ______________only),
being part payment of the sale consideration of the premises agreed to be sold
by the Promoter to the Purchaser as advance payment or Application Fee (the
payment and receipt whereof the Promoter both hereby admit and
acknowledge) and the Purchaser has agreed to pay to the Promoter the balance
of the sale consideration in the manner hereinafter appearing.

AND WHEREAS, under section 13 of the said Act the Promoter is required to
execute a written Agreement for sale of said Premises with the Purchaser, being
in fact these presents and also to register said Agreement under the
Registration Act, 1908. In accordance with the terms and conditions set out in
this Agreement and as mutually agreed upon by and between the parties, the
Promoter hereby agrees to sell and the Purchaser hereby agrees to purchase
the said premises.

NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY

AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

1. DEFINITIONS AND INTERPRETATION

1.1. The above Recitals shall form an integral part of the operative portion of
this Agreement, as if the same are set out herein verbatim and the
capitalized words defined therein and used in the operative portion of
this Agreement shall have the meaning assigned to them in the Recitals.
The headings given in the operative section of this Agreement and to the
schedules/Annexures are only for convenience and shall not form an
operative part of this Agreement or the schedules / Annexures and shall
be ignored in construing the same.

1.2. The Purchaser/s hereby confirm/s that he / she / it / they has / have
fully read and understood the provisions of this Agreement and has /
have agreed that the Promoters shall have all the rights in respect of the
said Building and the Entire Property and the Purchaser/s will not
object to the same;
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1.3. In this Agreement, unless the context otherwise requires (i) capitalized
terms defined by inclusion in quotations and/or parenthesis have the
meanings so ascribed; and (ii) the following expressions shall have the
following meanings assigned to them herein below:

1.3.1. 'Agreement' shall mean this Agreement together with the

Schedules and annexures hereto.

1.3.2. 'Applicable Law' shall mean any statute, law, regulation,

ordinance, rule, judgment, order, decree, clearance, approval,
guidelines, policy, directives or any decision of any authority or
court having competent jurisdiction issued and/or as amended
and/or modified from time to time;

1.3.3. 'Authority' shall mean the Real Estate Regulatory Authority

appointed under RERA;

1.3.4. 'Common Areas' shall mean (a) common areas specified in Part
A of the Second Schedule hereunder written which are to be
utilized by all the occupants of the said Building; and (b) the
areas available for the exclusive use of the Purchaser/s
specified in the Second Schedule;

l.3.5. 'Consideration' shall mean the aggregate of the consideration

the taxes and any or all other amounts, charges of whatsoever
nature payable by the Purchaser/s in relation to this
Agreement and all other sums whatsoever payable by the
Purchaser/s to the Promoters including in relation to the said
Premises including the sale of the Flat to the Purchaser/s
under this Agreement;

1.3.6. 'Common Infrastructure' shall mean certain common amenities

like gate, underground water tanks, security cabin, provided
by the Promoters for the use and convenience of the flats
Purchaser/s of the said Building on the said Property and/or
any other buildings that may be constructed in future phases
on the said Property;

1.3.7. 'Defects' shall mean any structural defects in the said Building or
any other defect in workmanship, quality or provision of
services by virtue of the same not being of the same quality as
detailed in this Agreement and which are brought to the notice
of the Promoters by the Purchaser/s as being 'defects' within
the meaning of this clause within 5 (five) years from the date of
handing over of the possession of the Flat to the first
purchaser/s in the Project but specifically excludes defects in
the Flat due to any work/activity carried out by any flat
purchaser/s including the Purchaser/s, in the said Building or
any use of equipment in the manner not consistent with the
user manuals/ guidelines as may be prescribed by the
Promoters / Association of Purchasers/s of the said Building;
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1.3.8. 'Flat' shall mean the premises more particularly described in

Annexure "A" hereto;

1.3.9. 'Force Majeure' shall have the meaning assigned to it under RERA
and the RERA Rules made thereunder including any statutory
interpretation thereof;

1.3.10. 'Interest' shall mean the simple interest at State Bank of India
highest Marginal Cost of Lending Rate ("MCLR") plus two
percent per annum. The MCLR shall be taken as applicable on
1st day of each quarter (i.e. 1st January, 1st April, 1st July and
1stOctober) and the same shall be the MCLR applicable for the
said quarter. Provided that in case the State Bank of India
MCLR is not in use it would be replaced by such benchmark
lending rates which the State Bank of India may fix from time
to time for lending to general public;

1.3.11. 'Internal Amenities' shall mean the specifications and amenities

more particularly described in Annexure "E" hereto annexed;

1.3.12. 'Liquidated Damages' shall mean an amount mentioned in clause

4.5.3.1;

1.3.13. 'The Said Property' shall mean all that Plot No.2 admeasuring
592.25 sq. meters forming a portion of all that piece and parcel
of land bearing Survey No. 4 Hissa No.1 admeasuring 1900
square meters or thereabouts at village Barave, Taluka Kalyan,
District Thane, on which portions of land, the permitted
Buildings are sanctioned and which portion of land is more
particularly described in the First Schedule hereunder written
and delineated on the plan with hatched line annexed and
marked as Annexure "F" hereto;

1.3.14. 'Occupation Certificate' shall mean the full occupation

certificate and/or any part occupation certificate issued by the
Kalyan Dombivali Municipal Corporation under the
Maharashtra Regional Town Planning Act, 1966 and/or any
equivalent certificate issued by the concerned authority;

1.3.15. 'Outgoings' shall mean the aggregate of the municipal taxes

including property taxes, water charges and all other
outgoings in relation to the Flat and the
proportionateoutgoings/ charges in respect of the said
Building and the Common Areas;

1.3.16. 'Possession Date' shall mean 30/12/2022, which date has

been agreed between the Parties as on the date of this
Agreement to be revised to (i) a date specified by the Promoters
being a date not more than 6 (six) months thereafter, if the
development has not been completed in the above stipulated
time by the Promoters; (ii) a date required to accommodate any
force majeure event in terms of Section 6 of RERA; and (iii) a
date arrived at after accommodating the period as decided by
the Authority in terms of Section 5 of RERA read with Rule 6 of
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the RERA Rules, during which, the actual work (as is required
to complete the development on or before the date of
possession) could not be carried out by the Promoters as per
the sanctioned plan due to specific stay or injunction order
issued by a Court of Law, Tribunal, competent authority,
KDMC, statutory authority, high power committee etc. or due
to any such mitigating circumstances;

1.3.17. 'Project/Real Estate Project' shall mean the development of the

Building situated on Plot No.2 and includes Common Areas /
Areas for exclusive use and Internal Amenities;

1.3.18. 'Consideration' shall mean the net amount payable to the

Promoters towards purchase of the Flat and the Common
Areas as mentioned in the Second Schedule;

1.3.19. 'RERA' means Real Estate (Regulation and Development) Act,

2016 as may be amended and/or modified from time to time
and all notifications, circulars and orders issued thereunder or
by the authorities constituted thereunder from time to time;

1.3.20. 'RERA Rules' means Real Estate (Regulation and Development)

(Registration of Real Estate Projects, Registration of real estate
agents, rates of interest and disclosures on website) Rules,
2017 and all notifications, circulars and orders issued
thereunder or by the authorities constituted thereunder from
time to time;

1.3.21. 'The said Building' shall mean “Ira”, and more particularly
described in recital hereinabove;

1.3.22. 'Threshold Limit' shall mean the limit in the variation of the
Carpet Area up to ± 3% (Three Percent).

1.4. INTERPRETATION

1.4.1. Words importing the singular include the plural; words importing
the masculine shall import the feminine; and vice versa,
unless contrary to the terms, conditions and context of
usage.

1.4.2. The words "include" and "including" are to be construed without

limitation, unless contrary to the terms, conditions and
context of usage specified therein.

1.4.3. Reference to statutory provisions shall be construed as meaning

and including references also to any amendment or re-
enactment or modifications (whether before or after the date
of this Agreement) for the time being in force and to all
statutory instruments or orders made pursuant to statutory
provisions;

1.4.4. In addition to the terms defined in Clause 1.3, certain other

terms are defined elsewhere in this Agreement and whenever
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such terms are used in this Agreement they shall have their
respective defined meanings, unless the context expressly or
by necessary implication otherwise requires.

2. PURCHASE OF THE FLATS & CONSIDERATION:

2.1 The Purchaser hereby agrees to purchase from the Promoter and
the Promoter hereby agrees to sell to the Purchaser, the premises
being Flat No.________ on _______ floor admeasuring __________ sq.
mts. Carpet area along with the right to use the open terrace
admeasuring ______ sq. mts and also stilt parking space No. _____
in the scheme of construction known as “Ira” hereinafter for the
sake of brevity called and referred to as the "Said Flat" and shown
in the Floor plan thereof hereto annexed and marked Annexures
C-1 and C-2 for the consideration of Rs.________________(Rupees:
______________________________________________________Only)
including the proportionate consideration of the common areas
and facilities appurtenant to the premises, the nature, extent and
description of the common areas and facilities which are more
particularly described in the Second Schedule annexed herewith.

The Purchaser has thus agreed and assured to pay the total
consideration of Rs. ____________________ (Rupees:
_____________________________________________________ only) to
the Promoter in the following manner
i) 10% to be paid on or before execution of this agreement.
ii) 25% to be paid on completion of the Plinth of the building
or wing in which the said Premises is situated.
iii) 35% be paid on completion of slabs including stilts of the
building or wing in which the Premises is situated (i.e. ___%
for each slab).
iv) 10% to be paid on completion of the walls, internal plaster
of the said premises.
v) 04% to be paid on completion of flooring and sanitary work.
vi) 04% to be paid on completion of the doors, windows,
staircases, lift, wells, lobbies up to the floor level of the said
premises.

v) 04% to be paid on completion of the external plumbing and

external plaster, elevation, terraces with waterproofing of
the building or wing in which the said premises is situated.

vii) 04% to be paid on completion of the lifts, water pumps,

electrical fittings, electro, mechanical entrance lobby/s,
paving of areas appurtenant.

viii) 04% be paid at the time of handing over of the possession

of the said Premises to the Purchaser on or after receipt of
occupancy certificate or completion certificate.
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The Cheque / DD / Pay order to be drawn in favour to

M/s.Mahima Infra Estates LLP

A/C No: 6112516662
IFSC CODE : IDIB000U016
Bank: Indian Bank
Branch: Ulhasnagar – 421003

2.2. The consideration and corresponding taxes (forming part of the

Consideration) have been / shall be paid by the Purchaser/s to the
Promoters in installments specified herein after deducting therefrom Tax
Deducted at Source as per the applicable provisions of Section 194-1A
of the Income Tax Act, 1961 ("TDS") on each such installment as per the
applicable provisions of Section 194-lA of the Income Tax Act, 1961. The
Purchaser/s shall deposit TDS in the government treasury by furnishing
challan-cum-statement in Form No.26 QB to the Director General of
Income-tax (System) or to the person authorized by him in this behalf,
as per the statutory deadlines, and issue a TDS certificate in Form
No.16B to the Promoters within statutory deadline, in accordance with
the Income Tax Act, 1961 and the rules there under, after generating
and downloading the same from the web portal specified by the Director
General of Income-tax (System) or the person authorized by him, so as
to enable the Promoters to give credit to the Purchaser/s for the same.

2.3. The Purchaser shall pay to the Promoters on demand-

i) requisite amounts towards legal charges, entrance fees and share
capital, society formation charges, Water connection charges, MSEB
meter and deposit charges.
ii) requisite amount and charges on account of goods and services tax,
stamp duty and registration charges and any other taxes and levies
as may be imposed by the concerned government and semi-
government authorities.
iii) the provisional outgoings for municipal taxes, water bill, bore-well
common electric expenses if any (24 months contribution in advance
is to be paid at the time of possession) as well as requisite lift
charges and proportionate expenses thereto.
2.4. The consideration is inclusive of the proportionate price of the Common
Areas specified in the Second Schedule hereto which the Purchaser/s is
entitled to use. The proportionate share of the Purchaser/s in the Common
Areas has been today estimated based on present building plans. The said
computation may change resulting in an increase or decrease in the percentage
of undivided interest in the event of there being change in the building plans. It
has been specifically agreed between the Parties that the apportionment of the
proportionate price of the Common Areas is notional and the same is not
subject to change even if the percentage of undivided share of the Flat in the
Common Areas increases or decreases, the intent of the Parties being that the
Flat is being sold to and purchased by the Purchaser/s with all the
appurtenant rights for the said lump sum consideration. The Purchaser/s
hereby expressly consent/s to such changes in the said share and hereby
expressly authorizes the Promoters to so increase or decrease the said share of
the Flat and/or of the Purchaser/s in the Common Areas and the Purchaser/s
hereby irrevocably agree/s to accept the change in said share as aforesaid.
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2.5. In addition to consideration payable in terms of this Agreement, the

Purchaser/s agrees to pay to the Promoter, GST (Goods and Service Tax)
or any other indirect taxes which may be levied, in relation to the
construction of and carrying out the Project and/or with respect to the
said Premises and/or this Agreement, whether in existence as on the
date of execution of these Presents or at any time hereafter. It is clarified
that all such taxes, levies, duties, cesses (whether applicable / payable
now or which may become applicable / payable in future) including
Goods and Services Tax and all other indirect taxes, duties and
impositions applicable levied by the Central Government and/or the
State Government and/or any local, public or statutory authorities/
bodies on any amount payable under this Agreement and! or on the
transaction contemplated herein and/ or in relation to the said
Premises, shall be borne and paid by the Purchaser/s alone and the
Promoters shall not be liable to bear or pay the same or any part thereof
and all other taxes, duties, cesses whatsoever that may be levied upon
the Promoters in relation to the sale of the Flat to the Purchaser/s as
and when demanded by the Promoters. As on the date of execution of
these Presents, the primary tax payable in relation to the transaction by
the Purchaser/s to the Promoters is Goods and Services Tax. The Goods
and Services Tax and all other taxes, as may be applicable, are required
to be paid together with each installment of the consideration. The
timing for payment of such amounts may vary depending upon the
manner of implementation of various laws by the Government.

2.6. The Purchaser/s also confirm/s, agree/s and declares that the
Consideration agreed to be paid by him/her/it/them to the Promoters, is
in respect of the Flat hereinafter mentioned and he/she/it has no right
or claim and/or will not make any claim on the said Property, the said
Building, the Common Areas or any other portion of the said Property.

2.7. The Consideration shall be payable by the Purchaser/s in the Bank

Account Number/s ("the said Account") mentioned in the invoice or
demand notice raised by the Promoters. The sums deposited by the
Purchaser/s in the said Account will be dealt by the Promoters in the
accordance with RERA read with the RERA Rules.

2.8. The Consideration may stand increased on account of development

charges payable to the competent authority and/or any other increase in
charges which may be levied or imposed by the competent authority,
Local Bodies/ Government from time to time. The Promoters undertakes
and agrees that while raising a demand on the Purchaser/s for increase
in development charges, cost, or levies imposed by the competent
authorities etc., the Promoters shall enclose the said notification / order
/ rule / regulation / demand, published / issued in that behalf to that
effect along with the demand letter being issued to the Purchaser/s.
 14

2.9. It is hereby expressly agreed that the time for payment of each
installment of the consideration and all other taxes, amounts (including
deposits taxes and outgoings) as specified in this Agreement shall be the
essence of the contract. The Promotersshall, in respect of the
Consideration including the consideration and any other amount
remaining unpaid by the Purchaser/s under the terms and conditions of
this Agreement will have a first lien on the said Premises including the
Flat. It is an essential and integral term and condition of this Agreement
and of the title to be created in respect of the Flat under this Agreement
in favour of the Purchaser/s, that only in the event the entire
Consideration as aforesaid, including all other taxes and amounts
payable by the Purchaser/s hereof are paid by the Purchaser/s to the
Promoters and Purchaser/s has/have furnished to the Promoters the
requisite Form l6B for all amounts of TDS, shall the Purchaser/s
have/has or be entitled to claim any rights under this Agreement and/or
in respect of the said Premises.

2.9.1 The Purchaser/s acknowledges that the Carpet Area in respect of

the Flat may undergo minor variation at the time of
completion of construction of the Flat. The Promoters agree
that the variation in the Carpet Area while handing over the
Flat to the Purchaser/s shall not be more than +/- 3% (three
percent) ("Threshold Limit') of the carpet area of the Flat
agreed under this Agreement. The Purchaser/s hereby
agree/s that any such change / revision in the Carpet Area
of the Flat up to +/- 3% (plus/minus three percent) is
acceptable and binding upon him/her/them and they shall
not object to such variation at any time. The Parties agree
that in case of variation above or below the Threshold Limit,
the consideration shall be appropriately adjusted in the last
installment. In such a case, all amounts paid to government
departments and third parties shall be refunded to the
Purchaser/s only to the extent of and upon receipt of such
amounts from those authorities.

2.9.2 The Purchaser/s agree/s not to object to any such change and
agrees not to demand cancellation or termination of this
Agreement or refund of any money paid hereunder save and
except as mentioned hereinabove.

2.10. The Purchaser/s authorizes the Promoters to adjust/ appropriate all

payments made by him/her under any head(s) of outstanding dues, if
any, in his/her name as the Promoters may in -its sole discretion deem
fit and the Purchaser/s undertakes not to object/ demand/ direct the
Promoters to adjust his/her/ their payments in any manner. Time shall
be essence of the contract in respect of the aforesaid payments to be
made by the Purchaser/s to the Promoters.

2.11. The consideration has been arrived at and has been mutually agreed by
all the Parties herein and Purchaser/s shall not make any claim for
damage or abatement in the agreed consideration on any account
whatsoever, including the facts mentioned below -

2.11.1. The Purchaser/s not being allowed any parking facility in any
 15

other area of the Project unless mentioned in this agreement;

2.11.2. The Promoters having reserved certain development potential in

respect of the said Property;

2.11.3. The Purchaser/s having to bear the inconvenience, noise,

irritation and nuisance which would be caused when the
Promoters undertakes additional construction during
permitted working hours.

3. FSI, TDR & DEVELOPMENT POTENTIALITY WITH RESPECT TO THE

DEVELOPMENT OF THE SAID PROPERTY: -

3.1. The Purchaser/s hereby agrees, accepts and confirms that the
Promoters propose to develop the Entire Property including the said
Property by utilization of the full development potential and the
Purchaser/s has/have agreed to purchase the Flat based on the
unfettered and vested rights of the Promoters in this regard;

3.2. The Purchaser/s acknowledge(s) that the Promoters alone are entitled to
utilize and deal with all the development potential of the Entire Property
including the existing FSI and/or by any future or extra FSI including
by purchase of such FSI from any authority by payment of premium or
price, the change of law or policy, purchase of transferable development
rights (“TDR”), availability and increase of FSI/TDR, floating FSI,
fungible FSI or due to any reason whatsoever, including but not limited
to any other regulations of the DCR and/or due to change in building
laws, regulations, policy, notification, order/approvals from concerned
competent authorities and any other Applicable Law and/or on account
of handing over to the Government or the Municipality any portion of
the Larger Property for road widening or an area set back or due to
clubbing of any other scheme including the present scheme on the
Entire Property or the amalgamation and/or sub-division of the Entire
Property and/or any development scheme with any other property and
shall be entitled to use any or all of such FSI and/or TDR for
development of inter-alia the Project. The Promoters have retained the
absolute, exclusive and full right, authority and unfettered discretion to
utilize, develop, sell, transfer, and / or assign at any time in future the
balance of the development potential in relation to the Entire Property
available under the present scheme for development and/or any or due
to clubbing of any other scheme on the Entire Property or the
amalgamation and/or sub-division of the Entire Property and/or any
other development scheme with any other property.

3.3. The Promoters may develop the lands adjacent to the Entire Property in
accordance with Rule 4(A) of RERA and in the course of such
development be entitled to club/amalgamate and/or sub-divide the
development of inter-alia the Entire Property (or part thereof) including
the said Property with the adjacent lands, whether as a common
integrated layout with inter-alia the Larger Property (or part thereof) or
otherwise, in a phase wise manner in accordance with necessary
approvals / sanctions from the concerned authorities. The total FSI and
the said Entire Property shall accordingly be increased. For this purpose,
the Promoters shall be entitled to/required to undertake the following as
 16

it may deem fit:-

3.3.1. Amalgamate schemes of development, land parcels, lands, land

composition and land mix whether as part of a single layout
and/or sub-divided layout;

3.3.2. Float FSI/TDR from the Entire Property onto any of the adjacent
lands and vice-a-versa and undertake consequent
construction, development, sale, marketing and alienation;

3.3.3. Provide common access and entry and exit points to and from the
said property and/or any of the adjacent lands, which may
be used in common by the occupants of units/ premises
constructed on the said property and/or any of the adjacent
lands.

3.4. The Promoters have further represented and informed the Purchaser/s
that the Promoters may through any of its nominee/s or associate or
group concern/s acquire additional land including those which are
adjacent and/or contiguous to the Entire Property and such acquired
additional land, if any, may also be clubbed/merged/amalgamated (at
the option and discretion of Promoters) with the Entire Property
including under the present scheme for the purpose of developing lands
under applicable laws including any regulation of the DCR.

3.5. The Purchaser/s hereby consents to the above and the consent
contemplated hereunder shall for all purposes be considered as the
Purchaser‟s consent under the provisions of Section 14 of RERA and the
other applicable provision of the Maharashtra Regional Town Planning
Act, 1966 and the DCR;

4. DELAY IN PAYMENTIS BY THE PURCHASERIS AND CONSEQUENCES

THEREOF

4.1. It is an essential and integral term and condition of this Agreement, that
only upon the payment of the entire Consideration, having been paid on
its due date/s without any default by the Purchaser/s to the Promoters
(and not otherwise) and the Purchaser not committing any breach of any
of its obligation and/or this Agreement, will the Purchaser/s have or be
entitled to claim any rights under this Agreement and/or in respect of
the said Premises including the Flat.

4.2. The Purchaser/s shall pay to the Promoters the installments of the
consideration and all other amounts in terms of these presents within
15 days of intimation (“Due Date”) in writing, by the Promoters that the
installment and/or such other amount has become due on their
respective due dates, time being the essence of the contract.

4.3. The Purchaser/s shall be liable to pay Interest to the Promoter on all
and any such delayed payments computed from the date such amounts
are due and payable till the date such amounts are fully and finally paid
and/or realized together with the Interest or are recovered by the
Promoters from the sale of the Flat.
 17

4.4. Without prejudice to the right of the Promoters to receive Interest from
the Purchaser/s, and any other lights and remedies available to the
Promoters, upon the Purchaser/s committing default in payment of the
Consideration or any part thereof to the Promoters under this Agreement
(including his/her/its proportionate share of taxes levied by concerned
local authority and other outgoings), the Promoters shall be entitled to at
its sole discretion to terminate this Agreement, without any reference or
recourse to the Purchaser/so Provided That the Promoters shall have
given a notice of 15 (fifteen) days in writing to the Purchaser/s (“Default
Notice”), by Courier or notified Email or Registered Post A.D. at the
address provided by the Purchaser/s, of its intention to terminate this
Agreement with detail/s of the specific breach or breaches of terms and
conditions in respect of which it is intended to terminate the Agreement
and on the expiry of the 15 (fifteen) days of the issuance of the Default
Notice and at the sole discretion of the Promoters, this Agreement shall
be and/or stand terminated.

4.5. Upon such termination by the Promoters the consequences hereunder

shall follow:

4.5.1. The Purchaser/s shall cease to have any right or interest in the
said Premises or any part thereof;

4.5.2. The Promoters shall be entitled to sell, transfer, lease, grant on

leave and license basis, mortgage and/or otherwise deal with
the said Premises including the Flat to such other person or
party as they may deem fit, at such consideration and on
such terms and conditions as they may deem fit;

4.5.3. Upon realization of the entire sale consideration from the new
Purchaser/s of the Flat the Promoters shall refund to the
Purchaser/s ONLY the amount of consideration paid by the
Purchaser/s to them excluding the amount of taxes and
other charges deducted and/or paid, as the case may be, in
pursuance of this Agreement, after deducting there from –

4.5.3.1. taxes and outgoings, if any, payable by the Purchaser/s in

respect of the Flat and/or under this Agreement up to the
date of termination of this Agreement;

4.5.3.2. brokerage, if any paid by the Promoters while booking the

Flat in the name of the Purchaser/s;

4.5.3.3. the amount of interest payable by the Purchaser/s to the

Promoters in terms of this Agreement from the dates of
default in payment till the date of recovery of the said
amount from the sale of the Flat;

4.5.3.4. Any other costs directly incurred towards the booking of the
said Premises including costs incurred towards any gifts
and/or promotional offers given to and/or availed by the
Purchaser/so

4.6. Upon the termination of this Agreement, the Purchaser/s shall have no
 18

claim of any nature whatsoever on the Promoters and/or the said

Premises (including the Flat and/or the Car Parking Spaces) and the
Promoters shall be entitled to deal with and/or dispose of the said
Premises in the manner it deems fit and proper.

4.7. In case of termination as aforesaid, the Promoters shall not be liable to

pay to the Purchaser/s any interest, compensation, damages, costs or
otherwise. The amount of refund shall be accepted by the Purchaser/s
in full satisfaction of all his/her/its/their claims under this Agreement
and/or in respect of the Flat and/or transaction contemplated herein.

4.8. The Promoters shall, in the event of any shortfall, be entitled to recover
the said amounts from the Purchaser/so

4.9. Without prejudice to the above and the Promoters‟ other rights under
this Agreement and/or in law, the Promoters may at its sole option, by
a specific writing executed by it to this effect, condone any delay in
payment and accept from the Purchaser/s the payment of the
defaulted installment/s of the Consideration with or without Interest
on the defaulted installment/s for the period for which the payment
has been delayed.

5. PLANS DESIGNS AND SPECIFICATIONS

5.1. The Promoters shall construct the Project in accordance with the plans,
designs and specifications as referred to hereinabove, and as approved
by the concerned authority and as may be modified from time to time.
The Parties agree that the Promoters will observe, perform and comply
with all the terms, conditions, stipulations and restrictions if any,
which may have been imposed by the concerned local authority at the
time of sanctioning the said plans or thereafter and shall, before
handing over possession of the Flat to the Purchaser/s, obtain from
the concerned local authority, the Occupation Certificate subject to the
concerned authorities imposing standard terms and conditions on the
Promoters for obtaining such Occupation Certificate. The Purchaser/s
consents to all acts of the Promoters in relation to the aforesaid.

5.2. While complying with the obligations aforesaid, the Promoters shall
obtain prior consent in writing of the Purchaser/s in respect of any
variations or modifications which may adversely affect the Flat to be
sold to the Purchaser/s under this Agreement and/or the said
Premises, except, any alteration or addition required by any
Government authorities, or, due to change in law, or, any change as
contemplated by any of the disclosures already made to the
Purchaser/s which the Promoters shall be entitled to carry out and
the Purchaser/s hereby give/s his/her/its/their irrevocable consent to
the Promoters for the same.

5.3. The Promoters shall be entitled to make any minor addition or

alteration in the said Building, the said Premises including the Flat,
sanctioned plans, layout plans and specification and nature of
fixtures, fittings, amenities and common areas as may be necessary
due to architectural and/or structural reasons. The Promoters shall to
the extent practicable make such minor addition or alteration as may
 19

be required by the Purchaser/s. The Purchaser/s and the Society of

the flat purchasers will not object to carrying out such additional or
alteration in the construction by the Promoters on ground of nuisance
or on any other ground.

5.4. The Flat shall have the specifications and amenities set out in
Annexure “E” hereto. The Purchaser/s has/have satisfied himself /
herself / itself / themselves about the design of the Flat and also
about the said specifications and amenities to be provided therein.

5.5. The Purchaser/s has/have understood the entire Project and also the
amenities and facilities proposed to be provided in relation thereto.
The Purchaser/s does/do not believe that any unfair statement has
been made to him/her/them/it or any of them and the Purchaser/s
understand/s that the brochure, marketing material and show flats
are for representation purposes only and confirms that he/she it has
based his/her/its decision to purchase the Flat and the rights in the
said Premises on the basis of the disclosures made in this Agreement
only.
6. TITLE
6.1. The Purchaser/s has / have prior to the execution of this Agreement
satisfied himself / herself / themselves about the title of the Promoters
to the said Property and described in the First Schedule hereunder
written and the right of the Promoters to develop the Project and to sell
the flats in the Project and the Purchaser/s shall not be entitled to
further investigate the title of the Promoters and raise any requisition
or objections on any matter relating thereto.
6.2. The Purchaser/s hereby declare/s and confirm/s that the Promoters
have prior to the execution hereof, specifically informed the
Purchaser/s that:
6.2.1. The Promoters have intended to mortgage the said Property with Bank
and Financial Institution for the financial facilities to be granted/
granted to them and may in future require the same to be
mortgaged to one or more of the financial institutions with a view to
raise finance for completion of the Project.
6.2.2. The title deeds relating to the said Property may be deposited with the
said Bank/ Financial Institutions as security for repayment of loans
advanced hereafter by the said Banks to the Promoters.
6.2.3. The Promoters have also brought to the clear notice and knowledge
of the Purchaser that during the course of construction, the
Promoter may transfer and/or assign the development rights in
respect of the said property or any part thereof or enter into joint
venture understanding, partnership or other business arrangement
with any persons, firm or company for development of the said
property or any part thereof however, the promoter shall safeguard
and project the right and interest of the flat purchaser herein in
respect of the flat agreement to be acquired by him and the
Purchaser has granted his/her express and irrevocable consent for
the same.
 20

6.3. The Purchaser/s agree/s and confirm having given their express
consent to the Promoters to raise loan against the security of or to
create collateral security in respect of the unsold flats in the said
Building and/or the said Property and all the residuary right, title and
interest in the Flat to be constructed in the said Project, as security
(including by way of a mortgage or charge or hypothecation of
receivables of allotted Flats/ Apartments/ Units being the installments
of consideration together with interest and other charges payable
thereon) to any other credit! Financial institution, bank or other
person/Body, who has advanced or may hereafter advance credit,
finance or loans to the Promoters, and to mortgage the same and or
create any charge/lien or encumbrances in respect thereof in favour of
any bank/s or financial institutions or any concerned parties. It is
further expressly agreed by and between the Parties hereto that any
such loan liability or facility granted to the Promoters, in so far as the
same pertains to or affects the Flat directly, shall be discharged and
cleared by the Promoters at their own costs and expenses subject to
the Purchaser/s complying with all its obligations under this
Agreement in a timely manner.
6.4. The Purchaser/a hereby irrevocably and unconditionally declare/s,
agree/s, undertake/s, covenant/s, confirm/s and assure/s that
he/she/ they/it shall, if and whenever requested by the Promoters
hereafter in this regard, and within 7 (seven) days of receiving the
Promoters‟ written intimation in this regard, sign, execute and give to
the Promoters, and in such form as may be desired by the Promoters,
any letter or other document recording his/her/their/its specific, full,
free and unqualified consent and permission for the Promoters offering
and giving inter alia the said Property and/or the Project proposed to
be constructed on the said Property by the Promoters, as security
(save and except the Flat) in the manner mentioned hereinabove. It is
expressly clarified, agreed and understood that strict compliance of
this condition on the part of the Purchaser/s shall be of the essence of
this Agreement, and that on the basis of the declaration, agreement,
undertaking, covenant, confirmation and assurance made/given by
the Purchaser/s herein including under this Agreement, the Promoters
have entered into this Agreement.
6.5. The Promoters shall be liable to compensate to the Purchaser/s, in
case of any loss caused to him/her, only to the extent that such
defects in title are known to the Promoters as on the date hereof.
7. DEVELOPMENT POTENTIAL OF THE ENTIRE PROJECT
CONSTRUCTED ON THE LARGER PROPERTY
7.1. The Purchaser/s hereby agree/s, accept/s and confirm/s that the
Promoters propose to develop the Project including the said Property
(including by utilization of the full development potential in relation
thereto) and the Purchaser/s has/have agreed to purchase the Flat
based on the unfettered and vested rights of the Promoters in this
regard and the Purchaser/s hereby give/s their express and
unequivocal consent to the same.
 21

7.2. The Promoters may also be entitled to load FSI on the said Property in
terms of the DCR, as may be amended from time to time. The
Purchaser/s agree/s and admit/s that all additional development
potential that may become available in relation to the said Property
whether by virtue of the provisions aforesaid or otherwise, will remain
the sole and exclusive property of the Promoters and maybe utilized at
any time in the future, at the discretion of the Promoters, by the
Promoters or by its nominee/assignee either by way of construction of
new building or extension of any of the building/s phase/s.

7.3. The Purchaser/s has/have hereby given his/her/their irrevocable

consent for the consumption of the whole of the development potential
for all additional constructions to be carried out in the said Building
and for the revision of the layout and the building plans of the Project
for this purpose. The Promoters shall be absolutely entitled to
sell/convey/transfer the flats constructed out of such development
potential to any intending Purchaser/s of its choice for consideration.
If the concerned authorities or the local authority refuse to grant such
compensatory I, then the Promoters shall. Be absolutely entitled to
receive the monetary compensation for the same prior to the execution
and registration of the final conveyance in favor of the Society or
Common Organization or the Apex Society.

7.4. The Purchaser/s or the common organization of all Purchaser/s will

not have any share, light, title, interest or claim in the non-utilized
development potential of the said Property and/or in any amalgamated
and/or sub-divided layout. The Purchaser/s is/are aware that his/her
/its/their right is restricted to the FSI utilized in construction of the
said Building and the entire balance FSI/TDR vests with and belongs
to the Promoters with regard to the Project. The Promoters shall be
entitled to sell, dispose of or alienate FSI and/or Development Right
Certificate (“DRC‟) in respect of inter-alia the said Property or any part
thereof to any person or persons of their choice. The consideration
received by selling, transferring or alienating such FSI and DRC shall
always belong absolutely to the Promoters. The Purchaser/s or the
Society or Common Organization or the Apex Society of Flat
Purchaser/s of said Building will not have any share, light, title,
interest or claim therein and shall not take any objection for the same.
Provided further that adequate clauses to reserve or protect this light
of the Promoters shall be made in the Conveyance or Lease in respect
of the said Property which is to be executed in favor of the common
organization that may be formed in respect of the said Building to be
constructed on the said Property.

7.5. The Purchaser/s in his/her/its/their personal capacity as also in their

capacity as members of the Society / Condominium / Company when
formed and registered have hereby given their unequivocal and
express consent to the utilization by the Promoters and/or their
nominee/s and assigns, of such additional FSI and any benefits
arising there from as hereinabove contained;
 22

8. POSSESSION OF THE FLAT AND FORCE MAJEURE EVENTS

8.1. Subject to timely receipt of all payments of all amounts herein
including the entire Consideration from the Purchaser/s and the
Purchaser/s not being in breach of any of the terms and conditions of
this Agreement, the possession of the Flat shall be handed-over by the
Promoters to the Purchaser/s on or before the Possession Date. The
Promoters will make best endeavours to complete the construction of
the Flat on/or prior to 30/12/2022 and give possession of the said
Flat to the Purchaser prior to the Possession Date. The Purchaser
agrees to accept the possession at an earlier date and to preponement
of the payment schedule of the Consideration, upon such earlier
handover of possession of the said Flat. In the event that the
Purchaser/s has/have requested the Promoters to carry on certain
additional works in the Flat or any part thereof then and in that event
the Promoters may not be in a position to handover possession of the
Fiat to the Purchaser/s on before the Possession Date and in such an
event the Promoters shall handover the possession of the Flat to the
Purchaser/s only after completion of such additional work and receipt
of all approvals in relation thereto.
8.2. The Parties agree that the Possession Date shall stand revised in the
circumstances specified in Clause 8.1 hereinabove.
8.3. Notwithstanding anything to contrary contained in this Agreement, the
Promoters shall without being liable to the Purchaser/s in any manner
including payment of Interest, be entitled to reasonable extension of
time for giving possession of the Flat, if the completion of said Building
in which the Flat is situated is delayed on account of factors beyond
its control including but not limited to:
8.3.1. non-availability of cement, steel, water supply or electric power and
other building construction materials and/or strikes, civil commotion,
war, national or international happenings, labour problems; or
8.3.2. Force Majeure conditions;
8.3.3. any notice, order, rule or notification of the Government and/or of any
other public or competent Authority or any change in any Government
policy or of the Court whether affecting the Promoters singly or the
industry as a whole or on account of delay in issuance of the
NOCs/Licenses/Occupation Certificates / building Completion
Certificates, etc., or delay in installation of services and facilities such
as lifts, electricity and water connections or sewage or drainage lines
or for any other reason technical or otherwise beyond the control of
the Promoters; or
8.3.4. any orders, stays, injunction orders; decrees, interim or ad-interim
reliefs from any Court of law, or Tribunal, competent authority,
statutory authority, high power committee, MOEF and other state or
central authorities;
8.3.5. any circumstance/s beyond the control of the Promoters.
8.3.6. any delay in grant of any permissions/ approvals by any of the
authorities, any orders passed by courts affecting the development of
the Project.
 23

8.4. If the Promoters is unable to or fails to handover possession of the Flat

to the Purchaser/s on the Possession Date or such date as may be
mutually extended or may be extended due to discontinuance of its
business as a Promoters or on account of suspension or revocation of
the registration under RERA then and in that event the Purchaser/s
shall be entitled to either of the following:

8.4.1. request the Promoters in writing at the address provided by the

Promoters, to pay Interest on the amounts paid by the Purchaser/s for
every month of delay till the handing over of the possession of the Flat
to the Purchaser/s subject to the Purchaser/s having not committed
any breach of any of the terms and obligations under this Agreement
and executing the necessary extension letters/documents in respect
thereof in the format that may be required by the Promoters;

OR

8.4.2. terminate this Agreement by giving written notice to the Promoters at the
address provided by the Promoters in which case upon receipt of
notice by the Promoters, this Agreement shall stand terminated and
cancelled.

8.5. The Purchaser/s hereby acknowledge/s and agree/s that he shall

choose one of the aforesaid remedies and not both and once the
Purchaser/s opt/s for any of the above options they shall not be
entitled to change the option.
8.6. Upon termination under Clause 10.5.2 the Promoters shall refund the
consideration received by them from the Purchaser/s in the manner
referred to hereinabove till the date that the Consideration together
with Interest thereon is repaid. In terms of Section 18 of RERA and
upon payment of the same, the Purchaser/s shall not have any claim
against the Promoters in relation to the same. It is hereby clarified
that all taxes and/or levies, deducted and/or paid by the Purchaser/s
under this Agreement including TDS and Service Tax, VAT, GST shall
be refunded by the Promoters to the Purchaser only after the refund of
the same has been received by the Promoters from the governmental
authority and within 30 days from the date of such receipt by the
Promoters from the government authority.
8.7. Upon termination of the Agreement as aforesaid, the Purchaser/s shall
have no claim of any nature whatsoever on the Promoters and/or in
respect of the said Premises and the Promoters shall be entitled to deal
with and/or dispose of the said Premises in the manner it deems fit
and proper.
8.8. The Purchaser/s agree/s that he/she/it/they shall accept the
„aforesaid refund along with Interest in full and final satisfaction of all
his/her/its claim under this Agreement and/or otherwise.

9. PROCEDURE FOR TAKING POSSESSION

9.1. The Purchaser/s shall make payment of the entire Consideration including
the balance Consideration and Other Amounts and Deposits payable
in terms of this Agreement within 15 (fifteen) days from the Promoters
 24

intimating in writing to the Purchaser/s that the Flat is ready for use
and occupation and possession (“IOP” Intimation of Possession”) with
occupation certificate.

9.2. The Purchaser/s shall take the possession of the Flat by executing
necessary indemnities, undertakings and such other documentation
as may be prescribed by the Promoters in relation to the use and
occupation of the said Premises including Flat, the Internal Amenities.

9.3. Upon the Purchaser/s taking possession of the Flat, he/she/they/it

shall have no claim against the Promoters in respect of any item of
work in the Flat, except to the extent provided herein.

10. FAILURE OF PURCHASER/S TO TAKE POSSESSION OF FLAT:

10.1. The Purchaser/s shall take possession of the Flat within 15 days from
the date of the issuance of the IOP/Intimation of Possession from the
Promoters by executing necessary indemnities, undertakings and such
other documentation as prescribed in this Agreement. In case the
Purchaser/s fails to take possession within 15 days of the Intimation
of Possession such Purchaser/s shall be liable to pay maintenance
charges as applicable in respect of the said Premises.

10.2. Within 15 (fifteen) days from the date of issuance of the IOP, the
Purchaser/s shall be liable to bear and pay his/her/its proportionate
share i.e. in proportion to the carpet area of the said Flat(s) /
Apartment(s), of all the outgoings in respect of the Project including
inter-alia, local taxes, betterment charges, other indirect taxes of every
nature, or such other levies by the KDMC, SRA or other concerned
local authority and/or Government water charges, insurance, common
lights, repairs and salaries of clerks, bill collectors, Security Guards,
sweepers and all other expenses necessary and incidental to the
management and maintenance of the Project. Until the Society is
formed and the Society Conveyance / Lease / Sublease / Assignment
is duly executed and registered, the Purchaser/s shall pay to the
Promoters such proportionate share of outgoings as may be
determined by the Promoters at its sole discretion. The Purchaser/s
further agree/s that till the Purchaser/s share is so determined by the
Promoters at its sole discretion, the Purchaser/s shall pay to the
Promoters charges and outgoings at Rs. _______ per month. The
amounts so paid by the Purchaser/to the Promoters shall not carry
any interest nor shall remain with the Promoters until the Society
Conveyance / Lease / Sublease / Assignment is duly executed and
registered. On execution of the Society Conveyance/Lease / Sublease
/ Assignment, the aforesaid deposits less any deductions as provided
for in this Agreement, shall be paid over by the Promoters to the
Society/ to the Limited Company as the case maybe.

11. DEFECT LIABILITY

 25

11.1. The Promoters has undertaken due care in the development of the said
Premises and has in good faith provided products and services
generally of good quality and as per the standards provided by the
vendors and suppliers of those products and services.

11.2. It is agreed between the Promoters and the Purchaser/s that the
Promoters have not given to the Purchaser/s any warranty or
assurance in relation to the workmanship, quality or provision of
services in relation to the Flat or any part thereof and/or the products
therein and the Purchaser/s agree/s not to hold the Promoters
responsible in relation to any agreed standard in relation to the same.

11.3. In any event, be as at it may, the Promoters agree to hand over to the
Purchaser/s and/or the Society and/or the Apex Body, as the case
may be, the warranties, if any, provided by the third party in relation
to such services and/or products, that may be valid and subsisting on
the date of handover to the Purchaser/s/Society / Apex Body, subject
to clause herein below.

11.4. The Purchaser/s agree/s that it shall not during a period of 5 (five)
years from the date of being offered possession of the Flat carry out
alterations of whatsoever nature in the Flat or in the fittings therein,
in particular, it is hereby agreed that the Purchaser/s shall not make
any alterations in any of the fittings, pipes, water supply connections
or any of the erection (including Flooring, walls) in the Toilets /
Kitchen as this may result in seepage of the water. If any of such
works are carried out, then the Promoters shall not be responsible for
any alleged defects in relation to the Flat or the said Building or any
flat in the said Building.

11.5. It is clarified that the liability of the Promoters to remedy defects shall
not extend to:

11.5.1. any such defects if the same have been caused by reason of the default
and/or negligence of the Purchaser/s and/or any other Purchaser/s
in the Project (including the family members, servants, occupants,
licensees of such purchaser/s) i.e. against the guidelines, precautions,
warranties, warnings on the products and services provided in the
Project;

11.5.2. any such defects if the same have been caused by reason of any
additions and alternations in any of the other flats, fittings, pipes,
water supply connections or any of the erection (including Flooring) in
the Toilets/ Kitchen/Flat done by the Purchaser/s and/or any other
Purchaser/s in the Project (including the family members, servants,
occupants, licensees of such Purchaser/s);

11.5.3. any such other defect caused by normal wear and tear, abnormal
fluctuations in the temperatures, abnormal heavy rains, vagaries of
nature, negligent use of the Flat or the fixtures or fittings provided
therein.

11.6. Subject to the aforesaid, if within a period of 5 (five) years from the
date of offering possession of the Flat to the Purchaser/s, any
 26

structural defect in the Flat or in the material used therein (excluding

normal wear and tear) is brought to the notice of the Promoters by
Purchaser/s, wherever possible, the Promoters agree that it shall
rectify such defect at its own cost and expense. In the event it is not
possible to rectify such defects, then the Purchaser/s shall be entitled
to receive from the Promoters, reasonable compensation of rectifying
such defects as may be determined by the architect of the Promoters.

12. RIGHTS OF THE PROMOTERS

12.1. The Promoters have informed the Purchaser/s and the Purchaser/s
has/have given his/her/its/their express and unequivocal consent to
the following as mentioned hereinbelow;
12.1.1. The Promoters is also planning to undertake additional development on
the other portion of the said Property/ and or the Larger Property and
the Promoters shall be entitled to provide/grant easement rights of the
internal roads in the said Property. In such case the Purchaser/s or
the Society/Company and/or Condominium of the purchaser/s in the
said Building shall not be entitled to raise any obstruction or objection
for the same.
12.1.2. The Promoters, if it so deem fit, shall be entitled to transfer, assign or
convey the undeveloped portion of the Larger Property including the
said Property, to any nominee or third party on such terms and
conditions and consideration as may be agreed between them and the
Purchaser/s unanimously accept/s and agree/s to the same.
12.1.3. The Promoters (or the nominee/ third party) shall be entitled to
construct the undeveloped portion of the Larger Property including
said Property and/or further additional buildings by consuming and
utilization the development potential available in respect thereof.
12.1.4. The Promoters (or the nominee/ third party) shall be entitled to
transfer and create third party rights (in any manner as they may
deem fit) in respect of the Flats/Apartments/units of the structure
proposed to be constructed on the undeveloped portion of the said
Property and receive consideration in respect thereof.
12.1.5. The Promoters shall be entitled to mortgage the property as well as the
unsold flats in the said Building along with all rights incidental thereto
including the car parking spaces and proportionate share in the
Common Areas in the said Property;
12.1.6. The Purchaser/s hereby agree/s to give all facilities and co-operation as
the Promoters may require from time to time, both prior to and after
taking possession of the Flat, so as to enable the Promoters to
complete the development of the Project by utilization of the
development potential that may become available in respect of the said
Property from time to time in the manner determined by the
Promoters;
12.1.7. The Promoters have reserved to itself, the right to make such additions,
alterations, amendments, deletions and/or shifting in the latest plans
and to the approved layout of the said Property including the Project,
at any time, in the future as it may be deemed necessary and also to
amend/ alter/ modify the numbers, size, layout and specifications of
any of the flats in said Building which may include but shall not be
 27

limited to demolishing any existing structure/s situate anywhere

onthe said Property, constructing a new building in place of the
demolished structure/s, relocating either partly or fully the RGs
area/s to any other part of the said Property etc. and to make such
changes in the latest plans being the building plans of the said
Building and/or to construct additional buildings/ wings, to the
maximum extent permissible under law PROVIDED HOWEVER THAT
such change shall not, in any manner whatsoever, affect the area and
the location of the Flat agreed to be purchased by the Purchaser/s
under this Agreement and the Purchaser/s hereby give/s his/her/
its/their express and unequivocal consent to the same.
12.1.8. The Promoters will, at all times, be entitled to install its logos and/or
name boards and/or put-up advertisements boards, hoarding etc., of
themselves and/or their Group Companies, with various devices
(including electronic, laser and neon signs) (hereinafter referred to as
“the Displays”) in one or more places on the said Building therein
including, on open spaces/s, the terraces of the said Building and the
compound walls/ entrance gate/ and/or any parts of the building
and/or buildings constructed/to be constructed, if they so desire. The
Promoters and/or any of their Group Companies, will not be liable to
make any payment of any nature to the Purchaser/s and/or the
Society and/or any common organisation of such purchaser/s. The
Purchaser/s and the occupants of the various Flats in the said
Building and the Purchaser/s and/or the Society/ Association of said
Building shall not change or remove the Displays so installed under
any circumstances and shall give to the Promoters and their assignees
of the said rights, all necessary co-operation for enabling
him/her/them/it to install, maintain repair, change and operate the
Displays, as the case may be, and exploit the said rights including by
use of the common the limited common areas and facilities of the said
Building for ingress and egress to and from the area in which such
Displays are installed and shall ensure that no damage is done to the
Displays and that no obstruction or hindrance is caused in the
operation thereof. The documents of transfer to be executed, as
hereinafter mentioned, shall contain appropriate provisions in respect
of the said rights. The Purchaser/s expressly consents to the same.
12.1.9. The Promoters shall be entitled to exploit the said right at all times,
notwithstanding what is stated elsewhere in this Agreement, at its own
cost and expenses, to bring in and install, maintain, operate, repair,
paint, alter and / or change the Displays, as the case may be and
carry out steel fabrication, related R.C.C. and other civil and other
works and to approach the KDMC, the Power/Utility Provider, any
other authority, the State Government, the Central Government and
other concerned authorities, in its own right, for the purpose of
obtaining licenses and other permissions and entitlements, in its own
name for exploiting the said rights and shall have full, free and
complete right of way and means of access to the Displays and the
said terraces and shall bear and pay all municipal rates and taxes,
license fees, entitlement fees and other payments as may become
payable to the KDMC, the State Government, the Central Government
and/or other concerned statutory authorities as charges and/or
license fees charged for the purpose of exploiting the said rights.
 28

12.1.10. The Promoters shall be entitled, at any time, to transfer and/or assign
development rights and/or grant sub-development rights, mortgage
and/or create third party rights or otherwise deal with or dispose of
their right, title or interest in respect of the remaining portion of the
said Property, the Maximum FSI Potential that may be available in
respect of the said Property from time to time or any part/s thereof
(either as per the present layout or any amended layout), as the case
may be, to any third party, for such consideration and on such terms
and conditions as they may in its absolute discretion deem fit. The
Purchaser/s shall not interfere with the said rights of the Promoters.
All such additional construction shall be the property of the Promoters
till transferred by them to the Society or common organization. The
Purchaser/s shall not interfere with the rights of the Promoters by
raising any disputes in respect of the same. The Promoters shall
always be entitled to sign undertakings and indemnities on behalf of
the Purchaser/s as required by any Authority of the State or Central
Government or Competent Authorities under any law concerning
construction of buildings for implementation of its scheme for
development of the said Property;
12.1.11. The Promoters shall be entitled to modify, shift, develop and deal with
the common access including the common main access/ internal
roads, gutters, recreational areas and facilities gardens in the manner
as they may deem fit;
12.1.12. It is hereby agreed by and between the parties hereto that after
formation of the Society or any other Common Organization of the flat
Purchaser/s of the said Building:
12.1.12.1. all the unsold flats/premises and incidental car-parking spaces in
the said Building shall belong to and vest absolutely in the Promoters;
12.1.12.2. the Promoters shall join as Promoters / Member in respect of
such unsold flats/ premises;
12.1.12.3. the Promoters shall be entitled to retain, sell, transfer, mortgage,
let/lease out, grant on Leave and License basis including as paying
guest and/or otherwise howsoever for short and/or long stay to any
person/s and/or otherwise create third party rights in respect thereof
and receive and appropriate the sales proceeds / license fee / rentals
/ gross realizations in respect thereof without requiring the NOC
/consent of the Society / Association of the said Building that may be
formed of all the flat Purchaser/s of the said Building Provided further
that upon such flats/ premises being sold, the Society/ Association of
the said Building shall unconditionally admit the flat Purchaser/s as
members of the same without charging any premium, transfer
charges, contributions, donations or any other extra payment or
charges by whatever name called to the Society/Association of the said
Building or any fund maintained by the Society/ Association of the
said Building;
 29

12.1.12.4. In the event the Promoters let/ lease out, grant on leave and
license basis including as paying guest and/or otherwise howsoever
for short and/or long stay the unsold flats/premises in the said
Building, it shall not be liable to pay to the Society/Association of the
said Building any amounts/ charges by whatever name called
including non-occupancy charges as the flats are the unsold inventory
of the Promoters;
12.1.12.5. The Promoters and/or its lessees / licensees / tenants and/or its
nominees shall be entitled to use the Internal Amenities and/or other
common amenities and facilities along with the other flat Purchaser/s
of the said Building;
12.1.12.6. It is further agreed that the Promoters shall be liable to bear and
pay only the municipal taxes at actual in respect of such unsold
flats/premises.
12.1.13. The aforesaid Clause is of the essence and shall run with the land and
the Society/ Association of the said Building expressly agrees to (a)
ratify the aforesaid covenant by way of a resolution in the first meeting
held of the flat Purchaser/s and (b) the inclusion of such clause in the
Indenture of Conveyance/ lease signed by the Promoters in favour of
the Society/Association.
12.1.14. The Promoters shall enter into separate agreements with the
Purchaser/s of different flats in the said Building for sale on terms
and conditions substantially similar hereto and the benefit of this and
the provisions of such agreements shall bind to the extent applicable,
transferees of the flat from the original Purchaser/s also.
12.1.15. the Promoters have reserved to itself (and its nominees and assigns)
the unfettered and uninterrupted right of way and means of access,
over and along all the Main Common Access, internal access, roads,
pathways and the ramps in the Project Property, at all times, by day
and night, for all purposes, with or without carts, carriages, motor
cars, motor cycles, wagons and other vehicles, laden or un-laden, and
with or without horses and other animals and also to lay and connect
drains, pipes, cables and other service lines and amenities (including
underground and overhead) necessary for the full and proper use,
enjoyment and development of the said Property and if necessary to
connect the drains, pipes, cables, etc., under, over or along the land
appurtenant to and/or surrounding each and every building on the
Larger Property;
12.1.16. The Purchaser/s agree/s that the Promoters shall be entitled to
receive back the refund of Intimation of Approval deposits and other
deposits paid by them to SRA, KDMC and other authorities. In the
event of such deposits being refunded to the Society/ Condominium /
Company, the Society/ Condominium / Company shall be bound to
pay over the same to the Promoters.
13. FORMATION OF THE SOCIETY:
13.1. Upon 51 % of the total number of flats in the Project being booked by
purchasers, the Promoters shall submit an application to the
competent authorities to form a co- operative housing society of the
said Building to comprise solely of the Purchaser/s and other
purchasers of the flats in the Project, under the provisions of the
 30

Maharashtra Cooperative Societies Act, 1960 and the Rules made

thereunder, read with RERA and the RERA Rules (“Society! Association
of Flat Holders”) subject to necessary co- operation of the other
purchaser/so
13.2. The Purchaser/s undertake/s to do all acts, deeds, matters and things
and sign and execute the application for registration and/or
membership and other papers and documents necessary for the
formation and the registration of the Association of Flat Holders and
for becoming a member, including the bye-laws of the proposed
Association of Flat Holders and duly fill in, sign and return to the
Promoters within 7 (seven) days of the same being forwarded by the
Promoters to the Purchaser/s, so as to enable the Promoters to
register the Association of Flat Holders. No objection shall be taken by
the Purchaser/s if any changes or modifications are made in the draft
bye-laws, as may be required by the Registrar of Co-operative Societies
or any other Competent Authority;
13.3. The name of the Society shall be solely decided by the Promoters. The
Promoters shall be entitled to and may change the name of the said
Building once or more than once on or before obtaining completion
certificate for the said Building. However, the name of the said
Building shall not be changed by the Society without written consent
of the Promoters.
13.4. The Society/entity shall admit all Purchaser/s of flats and premises in
the said Building as members, in accordance with its bye-laws.
13.5. The Promoters shall be entitled, but not obliged to, join as a member of
the Society in respect of unsold premises in the Project, if any.
13.6. The cost, charges, expenses, levies, fees, taxes, duties, including stamp
duty and registration charges, with respect to the formation of the
Society and/or Other Societies, including in respect of (a) any
documents, instruments, papers and writings, (b) professional fees
charged by the Advocates & Solicitors engaged by the Promoters for
preparing, drafting and approving all such documents, shall be borne
and paid by the respective Society/Other Societies and their respective
members/intended members including the Purchaser/s, as the case
may be, and the Promoters shall not be liable towards the same.
14. CONVEYANCE/LEASE/SUB-LEASE/ASSIGNMENT TO THESOCIETY
14.1. On the receipt of entire consideration from 51 % of total number of
allottees or within three months from the date of issue of occupancy
certificate, whichever is later, the Promoters shall execute and/or
cause to be executed, a Deed of Conveyance/Lease/Sub–Lease/
Assignment in respect of the said Property and the said Building
(subject to the right of the Promoters to (i) dispose off the remaining
unsold apartments in the said Building and (ii) consume and utilize
the entire balance development potential in respect of the said
Property and (iii) rights reserved by the Promoters herein) in favour of
the Association of Purchaser is in the said Building.
14.2. The documents of transfer to be executed in respect of said Building as
herein stated, shall contain inter alia adequate provisions to ensure
that the rights expressly reserved to the Promoters in respect of the
said Property, remaining development potential available in respect of
 31

the said Property or any portion/s thereof as stated herein, are

safeguarded and assured unto the Promoters absolutely and forever
and that the (undivided) portion of the said Property, Main Common
Access and/or the internal access roads and/or other undivided areas,
as are/may be allotted/reserved by the Promoters for the benefit of the
Purchaser/s of premises or the holders of the rights and interest in
respect of any building on the said Property are assured unto and are
forever available to such persons, subject however to the right of the
Promoters the holders of other premises in the said Property
(Association formed by them) to have access (if necessary) to such
portion/s limited for the purpose of maintaining, repairing, renovating
and/or replacing any service lines and/or other infrastructure passing
through, under, along or above such portion/s and subject to free and
unobstructed movement of vehicles relating to emergency services;
14.3. The Society of flat holders of all buildings of the said Property shall
preserve and maintain the periodical structural audit reports and
carry out fire safety audits at regular intervals as per the requirement
of the Chief Fire Officer through the authorized agencies of the KDMC
or other competent authority.

14.4. All documents necessary for the formation and registration of the
Association of Flat holders of all buildings as stated herein above,
shall be prepared by Advocates & Solicitors of the Promoters. At the
time of the execution of a Deed of Conveyance / Lease / Sub-Lease /
Assignment as stated above, the Purchaser/s shall pay to the
Promoters the Purchaser/s‟ share of the stamp duty, registration
charges and other statutory charges payable, if any, in respect of the
said Deed of Conveyance / Lease / Sub-Lease / Assignment or any
other document or instruments of transfer to be executed in favour of
the Society or Limited Company or filing of the declaration for
formation of the condominium in the same proportion to the built up
area of the respective flat which bears to the total built up area of all
the flats in the said Building.

14.5. The Purchaser/s shall be bound, from time to time, to sign all papers
and documents and to do all acts, deeds, matters and things as may
be necessary from time to time, for safeguarding the interests of the
Promoters and of the Purchaser/s of the other flats in the said
Building.

14.6. The Purchaser/s is/are further aware that sub-division of the said
Property on which the said Building is constructed is not envisaged.
The Purchaser/s hereby expressly agree/s not to require or call upon
the Promoters to obtain sub-division in respect of any area from and
out of the said Property, including the area pertaining to the
foundation of the said Building and/or any land surrounding the said
Building and will not require the Promoters to separately
convey/transfer any such portion of the said Property to the
Association of Flat Holders. The Purchaser/s hereby expressly agree/s
to accept transfer of the title by the Promoters in respect of the said
Flat in the manner mentioned herein and shall not require them to
transfer the title in respect of the said Flat in any other manner.
 32

14.7. Nothing contained in this Agreement shall be construed so as to confer

upon the Purchaser/s any right whatsoever, into or over any portion of
the said Property or the said Building or any part thereof, including
the said Flat, save as provided herein. It is agreed by and between the
parties that such conferment of title in respect of the said Flat shall
take place in favour of the Purchaser/s on the formation of the
Society/ formation of Condominium / Company. The Purchaser/s
shall not be entitled to transfer or assign the benefit of this
Agreement to any third party without written consent of the Promoters,
until the entire Consideration and all other dues payable by the
Purchaser/s to the Promoters under this Agreement are fully paid and
possession of the said Flat has been duly handed over by the
Promoters to the Purchaser/so
15. OTHER CHARGES
15.1. The Purchaser/s shall be bound and liable to pay to the Promoters, Other
Charges together with GST thereon.
15.2. The Purchaser/s shall be liable to bear and pay GST and all other
applicable taxes, levies, cess, surcharge, etc. that may be introduced
by the Central Government, State Government and local, municipal
and judicial and quasi judicial bodies and authorities on the Other
Charges.
15.3. The Purchaser/s alongwith the other flat Purchaser/s of said Building
shall proportionately be liable to bear and pay all costs and expenses
related to the upkeep and maintenance of the said Building and the
Internal Amenities (“the Outgoings”).
15.4. Until the Society/ Condominium / Company is formed, the
Purchaser/s shall pay to the Promoters his/ her/ its/ their
proportionate share of the Outgoings as may be determined by the
Promoters.
15.5. The Purchaser/s further agree/s that till the Purchaser/s share is so
determined, the Purchaser/s shall pay to the Promoters, contribution
as may be decided by the Promoters from time to time towards the
Outgoings without any delay or demur.
15.6. The Promoters shall be entitled to utilize the Maintenance Advance
towards payment of the Outgoings in respect of the said Premises;
15.7. The Purchaser/s undertake/s to pay such contribution and such
proportionate share of Outgoings regularly in advance, and within 7
(seven) days of the demand/invoice raised by the Promoters in this
regard and shall not withhold the same for any reason whatsoever or
claim any set-off or lien in relation thereto.
15.8. The amounts so paid by the Purchaser/s to the Promoters shall not carry
any interest and shall remain with the Promoters until the balance, if
any, remaining unutilized is refunded in terms of this Agreement.
15.9. Notwithstanding the aforesaid, in the event of any such default or delay,
the Purchaser/s shall be liable to pay Interest to the Promoters or the
Promoters shall have the option for adjusting such arrears against
amount from the Maintenance Advance lying with the Promoters as
 33

mentioned in Annexure “A” annexed hereto and the Purchaser/s shall

reimburse the same to the Promoters alongwith Interest.
15.10. On execution of the Deed of Conveyance/ Lease/ Sub-Lease/
Assignment, the Other Charges less any deductions as provided for in
this Agreement (including but not limited to deduction of amounts
remaining unpaid to the Promoters and the amounts already paid to
third parties), shall be paid over by the Promoters to the
Society/Association of the Flat Holders.
15.11. The Purchaser/s hereby agree/s that in the event of any amount or
additional amount becoming payable by way of levy or premium or
security deposit or fire cess or betterment charges or development
charges or security deposit for the purpose of obtaining water
connection or any other utility or service for said Building or for any
other purpose in respect of said Building or any other tax of a similar
nature is paid to the Kalyan Dombivali Municipal Corporation or to the
State/ Central Government or becoming payable by the Promoters, the
same shall be reimbursed by the Purchaser/s to the Promoters
proportionately. The Purchaser/s agree/s to pay to the Promoters
such proportionate share of the Purchaser/s‟ within 7 (seven) days of
demand in that regard being made by them. The Purchaser/s also
agree/s and undertake/s that in the event of any amount becoming
payable by way of any fines, levy, taxes, surcharge, etc., either to the
State Government and/or Central Government, at any time in the
future the same shall be fully paid by Purchaser/s forthwith
notwithstanding that no such liability existed at the execution of this
Agreement and further notwithstanding that the Purchaser/s
was/were not aware / informed of the same and is aware that the
consideration does not deem to include the same.
16. REPRESENTATIONS AND WARRANTIES OF THE PROMOTERS:
16.1. The Promoters hereby represents and warrants to the Purchaser/s as
follows, subject to what is stated in this Agreement and all its
Schedules and Annexures, subject to what is stated in the Title
Certificate, and subject to the RERA Registration Certificate.
16.2. Save and except the mortgage, the Promoters have a clear and
marketable title to the said Property and have the requisite rights to
carry out development upon the said Property.
16.3. The Promoters have lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and
shall obtain requisite approvals from time to time to complete the
development of the Project.
16.4. There are no encumbrances upon the Project except those disclosed in
the MahaRERA Website.
16.5. There are no litigations pending before any Court of law with respect to
the Project except those disclosed in the MahaRERA Website.
16.6. 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, all
approvals, licenses and permits to be issued by the competent
authorities with respect to the Project, shall be obtained by following
 34

due process of law and the Promoters have been and shall, at all
times, remain to be in compliance with all applicable laws in relation
to the Project and common areas.
16.7. The Promoters have the right to enter into this Agreement and have
not committed or omitted to perform any act or thing, whereby the
right, title and interest of the Purchaser/s created herein, may
prejudicially be affected;
16.8. The Promoters have not entered into any agreement for sale and/or
any other development agreement or any other agreement /
arrangement with any person or party with respect to the said
Property and/or the said Premises, which will, in any manner, affect
the rights of Purchaser/s under this Agreement;
16.9. The Promoters confirm that they are not restricted in any manner
whatsoever from selling the said Flat to the Purchaser/s in the
manner contemplated in this Agreement;
16.10. The Promoters have duly paid and shall continue to pay and discharge
undisputed governmental dues, rates, charges and taxes and other
monies, levies, impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the Real Estate
Project to the competent Authorities till the said Building in the
manner mentioned hereinabove is conveyed in favour of the
Society/Association of said Building/Apex Body and thereupon shall
be proportionately borne by the Society/Association of said Building;
16.11. No notice from the Government or any other local body or authority or
any legislative enactment, government ordinance, order, notification
(including any notice for acquisition or requisition of the said Property)
has been received or served upon the Promoters in respect of the said
Property except those disclosed to the Purchaser/so
17. COVENANTS & WARRANTIES OF THE PURCHASERIS
a. The Purchaser/s himself/herself/itself/ themselves with intention
to bind all persons into whosoever hands the said Flat may come,
doth hereby covenant/s with the Promoters as follows:
17.1.1. The said Building shall be known as “Ira”
17.1.2. TO MAINTAIN the said Flat at Purchaser/s costs in good tenantable
repair and condition from the date the possession of the said Flat is
taken. The said Flat is notified by the Promoters as being ready for use
and occupation and shall not do or suffer to be done anything in or to
the building in which the said Flat is situated, and also in the stair-case
or any passages which may be against the rules, regulations or bye-laws
of the concerned local or any other authority or change/alter or make
addition in or to said Building in which the said Flat is situated and the
said Flat or any part thereof.
 35

17.1.3. NOT TO STORE in the said Flat or any other part of said Building any
goods which are of hazardous, combustible or dangerous nature or are
so heavy as to damage the construction or structure of said Building or
storing of which goods is objected to by the concerned local or other
authority and shall not carry or cause to be carried heavy packages to
upper floors which may damage or are likely to damage the staircase,
lifts, common passages or any other structure of said Building, including
entrances of said Building and in case of any damage is caused to said
Building or the said Flat on account of negligence or default of the
Purchaser/s in this behalf, the Purchaser/s shall be liable for the
consequences of the breach.
17.1.4. TO MAINTAIN from the date the said Flat is notified by the Promoters
as being ready for use and occupation, at his/her/its/their own cost/s,
the said Flat and to carry out all internal repairs to the said Flat and
maintain the said Flat in the same condition, state and order in which
they were delivered by the Promoters to the Purchaser/s and shall not
do or suffer to be done anything in or to said Building in which the said
Flat are situated or the said Flat which may be forbidden by the rules
and regulations and bye-laws of the concerned local authority or other
public authority. And in the event of the Purchaser/s committing any act
in contravention of the above provision, the Purchaser/s shall be
responsible and liable for the consequences thereof to the concerned
Promoters local authority and/or other public authority.
17.1.5. NOT TO DEMOLISH or cause to be demolished the said Flat or any
part thereof, not at any time make or cause to be made any addition or
alteration in the said Flat / elevation and outside color scheme of said
Building and to keep the partitions, sewers,
drains and pipes in the said Flat and appurtenances thereto in good
tenantable repair and condition and in particular so as to support
shelter and protect the other parts of said Building and the Purchaser/s
shall not chisel or in any other manner damage the columns, beams,
walls, slabs, or R.C.C. Pardis or other structural members in the said
Flat without the prior written permission of the Promoters. In case on
account of any alterations being carried out by the Purchaser/s in the
said Flat if any damage to the adjoining flat or to the flat situated below
or above the said Flat (inclusive of leakage of water and damage to the
drains) the Purchaser/s shall at his/her/its/their own cost/s and
expenses repair such damage (including recurrence of such damages)
including payment of compensation Penalty ordered to be paid under the
Applicable Laws by the Promoters and indemnify and keep the Promoters
indemnified from and against all costs, charges (including legal charges),
losses, penalty, compensation suffered or incurred by the Promoters on
account of any complaint or claims being made by the such adjoining
flat owner or the Purchaser/s of the flats above or below the said Flat.
17.1.6. Not to do or permit to be done any act or thing which may render
void or voidable any insurance obtained by the Promoters or whereby any
increased premium shall become payable in respect of the insurance. However,
it is clarified that this does not cast any obligation upon the Promoters and
Promoters to insure said Building or Flats agreed to be sold to the
Purchaser/s/;
 36

17.1.7. TO ABIDE BY all the Bye-laws, Rules and Regulations of the

Society, Government, Kalyan Dombivali Municipal
Corporation and all other Local and Public Bodies and
Authorities and shall attend to, answer and will be
responsible for all actions for violation of any such Bye-laws
or Rules or Regulations.

17.1.8. NOT TO THROW dirt, rubbish rags, garbage or other refuse or

permit the same to be thrown from the said Flat in the
compound or any portion of said Building and/or the said
Property and not to keep any flower pot in the open space
and/or balcony area. To segregate or separate the dry
garbage/trash and wet garbage/trash as per the rules and
regulations of the KDMC;
17.1.9. NOT TO enclose the elevation features or chajjas, if any and
make them a part of room/hall. The Purchaser/sl has/have
been clearly informed that the elevation features or chajjas, if
any, have been approved by the KDMC as an elevation
feature free of FSI and cannot be converted as a habitable
area of the Flat. These elevation features or chajjas, if any,
shall continue to remain as elevation features or chajjas;
17.1.10. TO MAINTAIN the external elevation of the building in the
same form as constructed by the Promoters and shall in any
manner whatsoever and not to put up, under any
circumstances, any construction or enclose the decks in the
Flat;
17.1.11. PAY TO “(he Promoters within 7 days of demand by the
Promoters itself share of security deposit demanded by the
Concerned Local Authority or Government for giving water,
Electricity or any other service connection to said Building.
17.1.12. TO BEAR and pay from the date of the Promoters offering
possession of the said Flat, his/her/its/their proportionate
share that may be determined by the Promoters from time to
time, of Outgoings. Such payment shall be made by the
Purchaser/s, from time to time, and, as and when raised by
the Promoters
17.1.13. NOT TO USE the said Flat for any purpose other than a
private residence and shall use the said car parking spaces
for parking his/ their own vehicles only. The Purchaser/s
shall not use the said Flat for conducting social club,
recruitment agency or any other purposes. The Purchaser/s
shall park her/his/its/ their vehicle only at the designated
place and not elsewhere.
17.1.14. NOT TO LET, transfer, assign, or part with the Purchaser/s
interest or benefit factor of this Agreement or the said Flat or
part with the possession of the said Flat or any part thereof
until all the dues payable by the Purchaser/s to the
Promoters under this Agreement are fully paid up and
possession of the said Flat has been duly handed over by the
Promoters to the Purchaser/s and only if the Purchaser/s
has/have not been guilty of breach of or non-observances of
 37

any of the terms and conditions of this Agreement and until

the Purchaser/s has/have obtained permission in writing of
the Promoters for the purpose. Such transfer shall be only in
favour of the transferee as may be approved by the
Promoters.
In the event of any contravention of what is stated
hereinabove in this sub-clause the Promoters shall be
entitled (but not bound) at its option to terminate this
Agreement hereof and/or to treat any person who is placed
in possession of the said Flat as a trespasser and to deal
with him accordingly including without prejudice to charge
compensation from the Purchaser/s the said person on
account of such breach.
17.1.15. TO OBSERVE AND PERFORM all the rules and regulations
which the Society/Association of said Building may adopt at
its inception and the additions, alterations or amendments
thereof that may be made from time to time for protection of
the rights reserved by the Promoters hereunder including in
respect of the said Building and maintenance of said
Building and the Flat therein and for the observance and
performance of the building rules, regulations and bye-laws
for the time being of the Concerned Local Authority and of
the Government and other public bodies. The Purchaser/s
shall also observe and perform all the stipulations and
conditions laid down by the Society/Association of said
Building regarding the occupation and use of the said Flat in
said Building and shall pay and contribute regularly and
punctually towards the taxes, expenses or other outgoings in
accordance with the terms of this Agreement.
17.1.16. TO REMOVE any obstruction or nuisance that may be caused
by the Purchaser/s in the said Flat / said Building! Said
Property forthwith on being called upon to do so by the
Promoters /Society/ Association of said Building and in the
event the Purchaser/s failing to remove the said
obstruction/nuisance, it may be removed by the Promoters /
Society/ Association of said Building at the costs and
consequences of the concerned Purchaser/so
17.1.17. TO GIVE ALL FACILITIES, assistance and co-operation as may
be required by the Promoters / Society/ Association of said
Building from time to time and at all times hereafter, to
maintain, repair, renovate and/or replace any common area
/ facilities / amenity / service line/ infrastructure of and/or
relating to any of the buildings or Flats on the said Property
including by temporarily suspending (if necessary) the use,
occupation and/or enjoyment of the rights (if any) that may
have been granted by the Promoters (such as parking
vehicles, enjoying any
 38

particular open/ enclosed space etc.) for such periods during

which the maintenance, repairs, renovation and/or
replacement if being carried out, without seeking any rebate
and/or compensation for or in respect of the same. The
Purchaser/s shall permit the Promoters and their Surveyors
and Agents, with or without workmen and others, at all
reasonable times, to enter into and upon said Building / said
Flat or any part thereof to view and examine the state and
condition thereof.
17.1.18. TO OBSERVE AND PERFORM all the terms and conditions and
covenants to be observed and performed by the Purchaser/s
as set out in this Agreement (including in the recitals
thereof). If the Purchaser/s neglect/s, omit/s or fail/s to pay
for any reason whatsoever to the Promoters the amounts
payable under the terms and conditions of this Agreement
(whether before or after the delivery of the possession) within
the time specified for the payment thereof or if the
Purchaser/s shall in any other way fail to perform or observe
any of covenants and stipulations herein contained or
referred to, within a period of 15 days from receipt of a
written notice from the Promoters calling upon the
Purchaser/s to make the said payment and/or comply with
the said covenants and stipulations the Purchaser/s shall be
liable to pay to the Promoters such compensation as may be
reasonably determined by the Promoters in the event of non-
compliance by the Purchaser/s with the said notice the
Promoters shall be entitled to proceed against the
Purchaser/s in accordance with the terms of this Agreement
and applicable provisions of Law.
17.1.19. NOT TO DO or omit, suffer or permit to be done any act,
deed, matter or thing in relation to said Building or any
portion/s thereof which mayor is likely to in any manner
affect, prejudice or jeopardize the development rights held by
the Promoters and/or the F.S.I. layout plans, orders and/or
permissions and sanctions pertaining to the entire said
Property or pertaining (in common) to Said Building and to
any other portion/s of the said Property or which may in any
manner cause any damage or injury to the rights/interest of
the Promoters and/or the persons who have purchased/hold
Flats, using parking spaces and other premises and spaces
in said Building.
17.1.20. NOT TO PUT UP or install any grills in the said flat except
what is provided by the Promoter and not to change the
design and pattern of the grills and further not to carry out
any changes in the civil work and not to carry out the work
of grill in the said premises or in any other manner do any
other act which would in the opinion of the Promoters or the
Association of the Flat holders, as the case may be, affect or
detract from the uniformity and aesthetics of the exterior of
said Building. Further not to put up clothes for drying in the
balconies. To maintain the gardening area on the ground
floor. To maintain habitable plantation in the said premises
 39

and avoid seepage of water in the said premises and the

building.
17.1.21. TO MAINTAIN the external elevation of the building in the
same form as constructed by the Promoters.
17.1.22. The Purchaser/s is/are aware that in the event that he/she/it
obtains a loan from any bank or financial institution for
payment of the consideration(or part thereof) in respect of the
said Flat, the Purchaser/s shall be solely responsible and
liable to ensure that the payment, as and when due, is made
by the bank or financial institution without any objection.
Any delay or default in disbursal of such amounts, as and
when due, shall constitute a delay in payment from the
Purchaser/s and will be treated as a breach of the terms of
the understanding herein contained. In any event, Promoters
and/or the financial institution/ bank, being the lender to
the Promoters shall always have the first lien on the Flat in
respect of any amount payable by the Purchaser/s to the
Promoters.
17.1.23. The Purchaser/s hereby represent/s and warrant/s to the
Promoters that the Purchaser/s declare/s that
he/she/it/they is/are of the residential status and
citizenship as mentioned in Annexure “A”. The Purchaser/s
understand/s and clearly and unequivocally confirm/s that
in case remittances relating to the payments required to be
made hereunder are made by non-residents / foreign
nationals of Indian origin, it shall be the Purchaser/s sole
responsibility to comply with the provisions of the Foreign
Exchange Management Act, 1999 („FEMA‟) or any statutory
enactments or amendments thereof and the rules and
regulations of the Reserve Bank of India („RBI) or any other
applicable law and provide the Promoters with such
permissions, approvals, information etc., which would enable
the Promoters to fulfill the Promoters‟ obligations under the
Agreement for Sale or under any other law as may be
required from time to time. Any implications arising out of
any default by the Purchaser/s shall be the „Purchaser/s
sole responsibility. The Promoters accepts no responsibility
with regard to the same and the Purchaser/s shall keep the
Promoters fully indemnified against any claims or losses
caused to the Promoters for any reason whatsoever in
respect thereof. Whenever there is a change in the
Purchaser/s residential status, subsequent to the signing of
these presents, it shall be the Purchaser/s sole responsibility
to intimate the Promoters of the same in writing, immediately
and comply with all the necessary formalities, if any, under
the applicable laws. It is agreed, declared and confirmed by
the Purchaser/s that the Purchaser/s shall not hold the
Promoters responsible towards any third party making
payments / remittance on the Purchaser/s behalf and such
third party shall not have any right in the said Flat
whatsoever.
 40

17.1.24. The Purchaser/s shall allow the Promoters and its surveyors
and Agents with or without workmen and others at all
reasonable times to enter upon his/her/its/their Flat or any
part thereof for the purpose of repairing any part of said
Building and for laying cables, water pipes, fittings, electric
wires, structures and other conveniences belonging to or
serving or used for said Building and also for the purpose of
cutting off the supply of water and other services to the Flats
of any other premises, in said Building, in respect whereof
the Purchaser/s or user or occupier of such premises, as the
case may be shall have committed default in payment of
his/her/its/their share of the Local Body property taxes and
other outgoings as also in the charges for electricity
consumed by them.

17.1.25. The Purchaser/s agree/s that the Purchaser/s shall from time
to time sign all relevant applications, papers, documents,
and do all the acts, deeds and things in pursuance to the
transaction as the Promoters may require for safeguarding
the interests of the Promoters and the other Purchaser/s of
flat(s) of the said Building.

The Purchaser/s shall ensure that in the event the Purchaser/s gives
possession of the Flat to any third party by way of lease or License or
otherwise with prior written approval from the Promoters or common
organization, such person shall from time to time, sign all applications,
papers and documents and do all other acts, which the Promoters may
require for safeguarding the interests of the Purchaser/s of the Flat(s) of
the said Building.
18. Nothing contained in this Agreement is intended to be nor shall be
construed as a grant, demise or assignment in law, of the said Premises
or of the said Plot and Building or any part thereof. The Purchaser shall
have no claim save and except in respect of the said premises hereby
agreed to be sold to him and all open spaces, parking spaces, lobbies,
staircases, terraces recreation spaces, will remain the property of the
Promoter until the said structure of the building is transferred to the
Society/Limited Company or other body and until the project land is
transferred to the Apex Body /Federation as hereinbefore mentioned.
19. Notwithstanding any other provisions of this agreement the Promoters
has disclosed and brought to the knowledge of the Purchaser that it
shall be at the sole and absolute discretion of the Promoter:

a) to form a separate/combined co-operative housing society or limited

company or condominium of apartment or any other body or bodies of
Purchasers to be formed and constituted.
b) to decide and determine how and in what manner the infrastructure
including the common areas and amenity space, recreation garden,
all other open spaces, layout or internal roads if any may be
transferred and/or conveyed/ assigned/ leased.
 41

c) to provide for and incorporate covenant and restriction and

obligations with regard to the provision of maintaining the
infrastructure and common amenities including garden and roads as
well as garden attached to the ground floor flats, if any.
d) to decide from time to time to what extent the building/s along with
land appurtenant to its transferred to the respective body formed.
e) to decide from time to time when and what sort of document of
transfer should be executed.
f) to grant of right of access/way from and through the said property to
the adjacent buildings and plots as well as the easement rights of the
said property.
g) to form a federation of all the cooperative housing societies to be
formed in the said scheme of construction and to convey the said
land and the building to a apex body.
h) to execute the conveyance of the said property in parts, taking into
consideration the divisions of property due to road and such
conveyance and transfer of land will not be equivalent to the floor
space index consumed in the construction of the building situated on
the said land conveyed in favour of the society/ies. and the Purchaser
has clearly understood the same and in confirmation thereof has
granted his / her clear, express, unequivocal and irrevocable consent
for the same and shall not raise any objection, claim hindrance and
obstruction to the rights, options and discretion as reserved by the
Promoter herein
20. The Promoters have shown the layout of the entire property to the
Purchaser and it is agreed and understood by and between the parties
that taking into consideration the sanctioned layout the Purchaser
covenant with the Promoters as under :-
a) that as per the sanctioned plans and permissions, the open spaces
are to be strictly kept unencumbered and unobstructed.
b) fencing, partition, retaining walls will not be constructed between
the buildings.
c) Cable/drainage/telephone lines etc., should be allowed in open
space of the building undertaken for development.
d) common amenities and the estimate thereof as well as proportionate
share thereto shall be ascertained by the Architect of the Developer.
e) the execution of the external compound wall will be as per the
design and specification of the architect of promoters and the
elevation of the buildings shall not be changed or altered.
f) each building shall be maintained in good and proper condition
along with the unobstructed right of access.
g) the Promoter shall have the option to form a separate co-operative
housing society of the buildings undertaken for development and
such society will become the member of the Federal society of the
said entire layout and the conveyance of the entire layout will be
executed in favour of such Federal society and no separate
conveyance will be executed in favour of any society.
 42

h) it is clearly brought to the notice of the Purchaser herein and the

Purchaser herein is clearly made aware that the Promoters have
acquired the development rights of the land as described in the
Schedule hereunder written however due to the certain reservations
and / or set backs the area to be handed over and conveyed to the
cooperative housing society and / or the corporate body will not be
equivalent to the area of construction availed in the said buildings
constructed on the said available land and the Purchaser herein will
not raise any objection, hindrance or obstruction such execution of
the conveyance and such execution of conveyance shall be executed
taking into consideration the entire buildings constructed in the said
property along with the right and interest in the common open
spaces, playground etc.,
i) the Promoter has also brought to the knowledge of the Purchaser
that the property on which the building is constructed forms an
integral part of the entire scheme of construction of the entire
property described in the first schedule and accordingly the
Promoter and the Purchaser herein shall have the rights and interest
and benefits of the common open spaces, internal road and access
as well as infrastructural facilities of the entire scheme of
construction described in the first schedule along with the other
purchasers of the building in the said scheme of construction and
accordingly the Purchaser shall cooperate and extend their sincere
participation as well as the contribution of funds for maintenance
and other outgoings of the said infrastructural facilities on the said
scheme of construction as per the directions and discretion of the
Promoters herein.
21. It is expressly agreed that the Promoter shall be entitled to put a
hoarding and / or cable network station mobile phone set up or station
on the said property or on the building to be constructed on the said
property and the said hoardings may be illuminated or comprising of
neon sign or such other type or mode as may be designed by the
Promoter and for the purpose Promoter is fully authorized to allow
temporary or permanent construction or erection in installation either
on the exterior or the said building or on the property as the case may be
and the Purchaser agrees not to object or dispute the same. Necessary
covenants, reservations in respect thereto shall be incorporated in the
proposed conveyance. The Promoter or his nominees shall be exclusively
entitled to the income that may be derived by display of such
advertisement or installation of cable network or mobile phone station,
at any time hereafter. The Purchaser shall not be entitled to any
abatement in the consideration of the said premises or to object to the
same for any reason and shall allow the Promoter, his agents, servants
etc., to enter into the said property including the terraces and other open
spaces in the building for the purpose of putting and / or preserving and
/ or maintaining and / or removing the advertisements and / or
hoardings, neon lights or such installations etc., The Promoter shall be
entitled to transfer or assign such right to any person or persons whom
they deem fit and the purchaser shall not raise any objection thereto.
 43

22. NOT A GRANT

Nothing contained in this Agreement is intended to be nor shall be
construed as a grant, demise or assignment in law, of the said Premises
or the Real Estate Project or the Larger Land and/or any
buildings/towers/wings as may be constructed thereon, or any part
thereof. The Purchaser/s shall have no claim save and except in respect
of the said Premises hereby agreed to be sold to him. All open spaces,
parking spaces, lobbies, staircases, terraces, recreation spaces and all
other areas and spaces and lands will remain the property of the
Promoters as hereinbefore mentioned until the Society Conveyance and
the Apex Body Conveyance, as the case may be.
23. PURCHASER/S ALSO AN INVESTOR
The Purchaser/s is/are also Investor/s (or person) within the meaning of
Article-5 (g-a) (ii) of Schedule-I of the Maharashtra Stamp Act 1958
and the subsequent Purchaser/s under a subsequent sale shall within
the prescribed period under law from the date of this Agreement be
entitled for adjustment of duty if any paid on this Agreement. Provided
that this clause shall automatically lapse if no such transfer as above is
made within the said period of one year. Further provided that in the
event of any change in the provisions of law in this respect, this clause
shall stand amended mutatis mutandis.
24. BINDING EFFECT
Forwarding this Agreement to the Purchaser/s by the Promoters does
not create a binding obligation on the part of the Promoters or the
Purchaser/s until, firstly, the Purchaser/s sign/s and deliver/s this
Agreement with all the Schedules and Annexures along with the
payments due as stipulated in the Payment Plan, within 30 (thirty) days
from the date of receipt by the Purchaser/s and secondly, appears for
registration of the same before the concerned Office of the Sub-Registrar
of Assurances as and when intimated by the Promoters. If the
Purchaser/s fail/s to execute and deliver to the Promoters this
Agreement within 30 (thirty) days from the date of its receipt by the
Purchaser/s and/or appear before the Sub-Registrar for its registration
as and when intimated by the Promoters, then the Promoters shall serve
a notice to the Purchaser/s for rectifying the default, which if not
rectified within 15 (fifteen) days from the date of its receipt by the
Purchaser/s, application of the Purchaser/s shall be treated as
cancelled and all sums deposited by the Purchaser/s in connection
therewith including the booking amount shall be returned to the
Purchaser/s without any interest or compensation whatsoever.
25. ENTIRE AGREEMENT
This Agreement, along with its schedules and annexure, constitutes the
entire Agreement between the Parties with respect to the subject matter
hereof and supersedes any and all understandings, any other
agreements, booking form, letter of acceptance, allotment letter,
correspondences, arrangements whether written or oral, if any, between
the Parties in regard to the said apartment/plot/building, as the case
may be.
26. RIGHT TO AMEND
 44

This Agreement may only be amended through written consent of the

Parties.
27. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASERIS
SUBSEQUENT PURCHASERIS
It is clearly understood and so agreed by and between the Parties hereto
that all the provisions contained herein and the obligations arising
hereunder in respect of the Project shall equally be applicable to and
enforceable against any subsequent Purchaser/s of the said Premises,
in case of a transfer, as the said obligations go along with the said
Premises, for all intents and purposes.
28. SEVERABILITY
28.1. Both Parties have executed this Agreement after consulting their
respective legal advisors and on their interpretation of the provisions of
RERA and the Rules made thereunder. The Purchaser specifically agrees
that the Promoters have not made any representations to the Purchaser
as regards his/her/its/their rights and obligations under this
Agreement.
28.2. The provisions of this Agreement are not intended to override matters
which require determination by the Authority or any other authority
under any law including RERA. Any provision of this Agreement
touching upon matters required to be determined by any such authority
will only act as a representation to such authority of the intention of the
Parties in relation to such matter which may be considered by the
authority while making such determination.
28.3. If in spite of the aforesaid care and caution exercised by the Parties, any
provision of this agreement is held as being invalid illegal or
unenforceable then and in that event the invalidity, illegality or
unenforceability of anyone or more provision of this Agreement, shall not
affect the validity or enforceability of the other provisions, if separately
enforceable. If for any reason whatsoever any provision of this Agreement
is or becomes, or is declared by a court of competent jurisdiction to be,
invalid, illegal or unenforceable, then the Parties will negotiate in good
faith to agree on one or more provisions to be substituted therefore,
which provisions shall, as nearly as practicable, leave the Parties in the
same or nearly similar position to that which prevailed prior to such
invalidity, illegality or unenforceability.
29. METHOD OF CALCULATION OF PROPORTIONATE SHARE:
Wherever in this Agreement it is stipulated that the Purchaser/s
has/have to make any payment, in common with other Purchaser/s in
Project, the same shall be in proportion to the carpet area of the said
Premises to the total carpet area of all the other
premises/Flats/Apartments/Units/areas/ spaces in the Real Estate
Project.
30. 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
 45

perfect any right to be created or transferred hereunder or pursuant to

any such transaction.
31. PLACE OF EXECUTION:
The execution of this Agreement shall be complete only upon its
execution by the Promoters through its authorized signatory at the
Promoters‟ office, or at some other place, which may be mutually agreed
between the Promoters and the Purchaser/s, in Kalyan, after the
Agreement is duly executed by the Purchaser/s and the Promoters or
simultaneously with the execution the said Agreement shall be
registered at the office of the Sub-Registrar. Hence this Agreement shall
be deemed to have been executed at Kalyan.
32. REGISTRATION
The Purchaser/s and/or Promoters shall present this Agreement at the
proper registration office of registration within the time limit prescribed
by the Registration Act, 1908 and the Promoters, through its authorized
representatives, will attend such office and admit execution thereof.
33. NOTICES
33.1. All notices to be served on the Purchaser/s and the Promoters as
contemplated by this Agreement shall be deemed to have been duly
served if sent to the Purchaser/s or the Promoters by Courier or
Registered Post A.D or notified Email ID / Under Certificate of Posting at
their respective addresses specified herein.
33.2. It shall be the duty of the Purchaser/s and the Promoters 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 Promoters or the Purchaser/s, as the case
maybe.
34. It is hereby made clear that furniture lay out, colour scheme elevation
treatment, trees garden lawns etc. shown on the pamphlet and literature
are shown only to give overall idea to the Purchaser and the same are
not agreed to be provided by the promoters unless specifically mentioned
and agreed in this agreement. The Promoters reserves the right to make
changes in Elevations, Designs, and Colures of all the materials to be
used at his sole discretion. In all these matters the decision of the
Promoters are final and it is binding on the Purchaser/s
35. JOINT PURCHASERIS
In case there are Joint Purchaser/s all communications shall be sent
by the Promoters to the Purchaser/s whose name appears first and at
the address given by him/her which shall for all intents and purposes
be considered as properly served on all the Purchaser/s.
36. WAIVER
The delay or indulgence on the part of the Promoters in enforcing any of
the terms hereof, or any forbearance or giving of time shall not be
construed as waiver on their part of any breach or non-compliance of
any other terms and conditions hereof by the Purchaser/s nor shall the
same in any manner prejudice any of the Promoters‟ rights hereunder
or otherwise under law.
 46

37. STAMP DUTY AND REGISTRATION CHARGES:

Stamp Duty and Registration and statutory taxes and levies: - The
charges towards stamp duty and Registration of this Agreement as well
as statutory government, Semi-Government taxes and levies, goods and
service tax, value added tax and all other direct and indirect taxes shall
be borne by the Purchaser alone. The Purchaser shall be entitled to the
benefits offered to him under the provisions of Maharashtra Stamp Act
in case of any transfer of the said premises by him to any intending
purchaser subject to the provisions of the said Act.
38. DISPUTE RESOLUTION:
Any dispute or difference between the Parties in relation to this
Agreement and/or the terms hereof shall be settled amicably. In case of
failure to settle such dispute amicably, such dispute or difference shall
be referred to the Authority as per the provisions of the RERA and the
Rules and Regulations, thereunder.
39. GOVERNING LAW:
This Agreement and the rights, entitlements and obligations of the
Parties under or arising out of this Agreement shall be construed and
enforced in accordance with the laws of India as applicable in Mumbai
City, and the Courts of Competent Jurisdiction in Mumbai will have
exclusive jurisdiction with respect to all matters pertaining to this
Agreement.

THE FIRST SCHEDULE ABOVE REFERRED TO:

(Description of the Entire Property)

All that piece and parcel of land bearing Survey No. 4 Hissa No.1 admeasuring
1900 sq. metres lying, being and situate at village Barave, Taluka Kalyan,
District Thane within the local limits of Kalyan Dombivli Municipal Corporation
and bounded as follows:

On or towards East : Tharwani Majestic and Tharwani Miracle

On or towards West : Midtown Empire
On or towards North : Midtown Empire Garden
On or towards South : Tharwani Miracle and Aster dale

Description of the Project Land

All that Plot 2 admeasuring 592.25 sq. meters for construction of building as
per the sanctioned plan bearing No. KDMC / TPD / BP / KD / 2019 – 20 /
0058 / 30 dated 30.04.2021 along with the benefits of the sanctioned Floor
Space Index and the open marginal spaces thereto forming a part of Survey No.
4 Hissa No.1 admeasuring 1900 sq. metres lying, being and situate at village
Barave, Taluka Kalyan, District Thane within the local limits of Kalyan
Dombivli Municipal Corporation and bounded as follows:

On or towards East : Tharwani Miracle

On or towards West : Tharwani Aster Dale
On or towards North : proposed building “Arya” on Plot “A”
On or towards South : Tharwani Miracle
 47

SECOND SCHEDULE ABOVE REFERRED TO

Description of the nature, extent of common areas and facilities.

1. Compound Area
2. Terrace over top floor
3. Ground Floor Lobby
4. Staircases.
IN WITNESS WHEREOF the parties hereto have set and subscribed their
respective signatures to this writing on the day and the year first hereinabove
mentioned

SIGNED & DELIVERED

by the within named
Promoters
M/s. Mahima Infra Estates LLP
through its Partner

__________________________ ______________________
SIGNED & DELIVERED
by the within named Purchaser/s

_______________________ _____________________

________________________ _____________________

_________________________ _____________________
WITNESS:

1. Name: _________________ ____________________

2. Name: _________________ ____________________

 48

RECEIPT
Received from the

Purchaser/s _______________________________________________________ a sum of

Rs. _________________ (Rupees: __________________________________________only)
being the Part/Full Price Consideration in respect of the flat herein above
mentioned

We say received

For M/s. Mahima Infra Estates LLP

Partner