2 Agreement To Sale Ajit Nanekar Flat No
2 Agreement To Sale Ajit Nanekar Flat No
2 Agreement To Sale Ajit Nanekar Flat No
AGREEMENT TO SALE
Project Name : SARATHI PRIDE
Floor No. : First
Apartment No. : “102”
Consideration : Rs. 33,00,000/-
S. No. : Survey No. 78, Hissa No. 2/1/1
Village : Pimple Gurav, Tal. Haveli, Dist. Pune
Postal Code : 411061
RERA Reg. No. : P52100011830
Plan Sanction No. : BP/PimpleGurav/6/2015
Date of Possession : Ready Possession
Annexure-A : Certificate of Title
Annexure-B : 7/12 Extract of Land
Annexure-C1 : Layout of the Project
Annexure-C2 : Sanction Building Plan
Annexure-C3 : Open Space of Project
Annexure-D : Floor Plan of the Apartment
Annexure-E : Specification & Amenities of
ApartmentAnnexure-F : Certificate of Registration with RERA
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BETWEEN
AND
2
its Partners,
1. MR. JAYESH DIGAMBAR RAVELEKAR
Age: 40 Years, Occupation:
Business,PAN NO.
R/at:- C/5, Shree Suvart Co. Op. Housing Society,
Bhave Wada, Thane – 400601.
AND
PARTY/PROMOTER/DEVELOPER”
WHEREAS party of the third part are owners of all the piece and
parcel of property bearing Survey No. 78, Hissa No. 2/1/1, area
admeasuring 00 H 22.5 R + 00 H 08 R Potkharaba, total area
admeasuring 00 H 30.5 R, assessed at Rs. 00.68 Paise, out of it area
admeasuring 00 H 13 R i.e. 1300 Sq. Mtrs., the said property is situated
at village Pimple Gurav, Tal. Haveli, Dist. Pune., within the local
limits of Pimpri Chinchwad Municipal Corporation and also within
the jurisdiction of Sub-Registrar Haveli Pune. (which are more
Particularly described in the schedule written hereinunder)
The above mentioned Property bearing Survey No. 78, Hissa No.
2/1/1 (Part) land situated at village Pimple Gurav, was originally
belong to Shri. Shivram Bhiva Kadam and the said land is ancestral
property of Kadam family.
AND WHEREAS Shri. Ajit Eknath Nanekar purchase the land out
of Survey No. 78 Hissa No. 2/1/1 (Part) land admeasuring 00 H. 6.5
Are from Ganpat Shivram Kadam. The said Sale Deed registered
in the office of Sub Registrar Haveli No. 5 Vide Document No.
4484/1993 dated 20/08/1993. By virtue of sale deed recorded
name of the purchaser i.e. Shri. Ajit Eknath Nanekar on 7/12 extract
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AND WHEREAS Ajit Eknath Nanekar & Others had assigned their
development rights in respect of the said property to M/s. Pant
Sarathi Builders Through its Partners Amit Rajendra Kudale, Jayesh
Digambar Ravlekar & Siddhesh Sanjay Sawant by registered
Development Agreement. The said Development Agreement is
registered in the office of Sub Registrar Haveli No. 16 noted at serial
no. 8326/2014 on 08/10/2014. The said Development Agreement is
coupled with Power of Attorney registered in the office of Sub
Registrar Haveli No. 16 noted at serial no. 8327/2014 on
8
That thereafter the owner Promoter i.e. Party of the Third Part and
Party of the Fourth Part have got parted their respected construction
portion among themselvesaas as per the terms and conditions of the
Development Agreement dated 08/10/2014 registered in the office of
Sub Registrar Haveli No. 16 by its No. 8326/2014. That the said
supplementary agreement/allotment deed is registered in the office of
Sub Registrar Haveli No.17 noted at serial no. 11552 dated 30/12/2020
Thus as per the said supplementary agreement/allotment deed the
schedule Flat came to the share of Party of the First Part/Owner. The
Party of the First Part/Owner is having absolute right to sale and
dispose of the said Flat.
TOTAL
PROPOSED
PROPOSED NUMBER OF
WING/ OCCUPATIO
NUMBER UNITS IN PHASE
BUILDING N TYPE
OF FLOORS THE
BUILDING/
WING
SINGLE RESIDENTIAL Ground 30
(Parking) + (Apartments) SINGLE
Five Floor
SINGLE COMMERCIAL Ground + 8
SINGLE
Two Floors Offices
Till date sanctioned details
TOTAL
SANCTIONED SANCTIONED
WING/ OCCUPATION
NUMBER OF NUMBER OF PHASE
BUILDING TYPE
FLOORS UNITS IN THE
BUILDING/WING
SINGLE RESIDENTIAL Ground 18
(Parking) + (Apartments) SINGLE
Three Floor
SINGLE COMMERCIAL Ground + Two 8
SINGLE
Floor Offices
Application Fee (the payment and receipt whereof the co-Promoter both
hereby admit and acknowledge) and the Allottee has agreed to pay to
the Owner the balance consideration of Rs. 31,00,000/- (Rupees
Thirty one Lakhs Only), of the sale consideration in the manner
hereinafter appearing. AND
1. The recitals mentioned herein above shall form part of this agreement
and shall be binding upon the parties.
2. Definitions: In this agreement, unless the context otherwise requires
the words:
“carpet area”: means the net usable floor area of an
apartment, excluding the area covered
by the external walls, areas under
services shafts, exclusive balcony
appurtenant to the said Apartment for
exclusive use of the Allottee or verandah
area and exclusive open terrace area
appurtenant to the said Apartment for
exclusive use of the Allottee, but includes
the area covered by the internal
partition walls of the apartment.
“Common Area”: means The land under the
buildings/phase/project, all community
and commercial facilities, play area, lift,
lift lobby, stair case, fire escape, exit of
building, common entrance, the footings,
RCC structures and main walls of the
buildings, Staircase columns lift room in
the building/s, Common
sulage/Drainage
/ sumps, motors, fans, compressors,
ducts, central services, Water, Electrical
Lines, Power Backup / Common ground
water storage tank and overhead tank,
Electrical meters, wiring connected to
common lights, lifts, pumps.
“Limited Common area”: means accommodation for watch and
ward staff and for the lodging of
community service personal, common
top-terrace, common basement, common
storage space, Partition walls between
the two apartments shall be limited
common property of the said two
apartments, the open parking which may
be allotted for exclusive use of the
specific Apartment.
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to use and occupy the adjoining same level terrace having area about
5.57 Sq. Meters located on the First Floor, of the building/project
called “SARATHI PRIDE” as shown in the Floor plan thereof hereto
annexed and marked Annexures C-1and C-2 for the consideration of
Rs. 33,00,000/- (Rupees Thirty three Lakhs Only) which the price is
a lump sum deal and which the price is exclusive of stamp duty, LBT,
registration fee, service tax, VAT, GST, MSEDCL Light Meter Charges
any other taxes levied by the Government. The Promoterherein has
allotted to the Allottee right of exclusive use of One Covered Parking
No. 102 and, as price herein agreed is only for the said Apartment and
allotment is made for beneficial enjoyment of the same. The Promoter
and the Allottee have agreed that there shall be no any consideration
payable by the Allottee to the Promoter on account of parking allotment
so also proportionate common areas and facilities so also limited
common area appurtenant to the premises. The sale of the said
Apartment is on the basis of carpet area only. The Allottee is aware
that due to the skirting and variation in plaster, the carpet area
varies. The variation may be approximately two to three percent. The
Allottee consents for the same and is aware that the consideration
being lump sum will not change.
PAYMENT PLAN
10. The Owner and the Allottee has mutually agreed to the present payment
plan based upon the milestone table hereinbelow. The Allottee has
agreed to pay the consideration of Rs. 33,00,000/- (Rupees Thirty
three Lakhs Only) in following manner;the Allottee has paid to the
owner a sum of Rs. 2,00,000/- (Rupees Two Lakhs Only), in the
following manner:
TIME OF ESSENCE
11. Time is essence this agreement for the Promoter as well as the Allottee.
The Promoter shall abide by the time schedule for completing the
project and handing over the Apartment to the Allottee and the
common areas to the association of the allottees after receiving the
occupancy certificate or the completion certificate or both, as the case
may be. Similarly, the Allottee shall make timely payments of the
instalment and other dues payable by him/her and meeting the other
obligations under the Agreement subject to the simultaneous
completion of construction by the Owner/Promoter as provided in
clause 1 (c) herein above which is herein after referred to as the
“Payment Plan”.
become due and payable by the Allottee to the Promoter till the date of
actual payment. Provided that tender of the principal amounts and
interest or tender of the interest and expenses on delay thereof shall
not itself be considered as waiver of the right of the Owner under this
Agreement, nor shall be construed as condonation by Promoter on such
delay. The amount of interest shall be calculated after completion of the
said apartment and the Allottee has agreed to pay the same before
possession of the said apartment without fail.
14. It is agreed by and between the Promoter and the Allottee that, in
case of failure of the Allottee to pay the Government dues as mentioned
hereinabove, if the Promoter is subjected to any penal interest by the
concerned government authorities then the Allottee shall be duty
bound to reimbursed the same to the Promoter. Further, the Allottee
agrees to pay to the Promoter, interest as specified in the Rule, on the
taxes and penalty, which become payable by the Allottee to the
Promoter under the terms of this Agreement from the date the said
amount is paid bythe Promoter to the concern government authorities.
It is agreed that, the Promoter shall have the right to claim such amount
along with other claims of compensation/losses/burden
undergone/undertaken by the Promoter. It is further agreed that there
shall always be a charge / lien on the said apartment in favour of the
Promoter against the amount payable by the Allotee to the Promoter
towards the Service Tax / VAT and / or any other tax, duty, charge,
premium, levies, cess, surcharge, penalties etc. relating to this
transaction.
ESCALATIONS
15. The Total Price is escalation-free, save and except
escalations/increases, due to increase on account of development
charges payable to the competent authority and/or any other
increase in charges which may be levied or imposed by the competent
authority Local Bodies/Government from time to time. The Promoter
undertakes and agrees that while raising a demand on the Allottee for
increase in development charges, cost, or levies imposed by the
competent authorities etc., the Promoter shall enclose the said
notification/order/rule/regulation published/ issued in that behalf to
that effect along with the demand letter being issued to the Allottee,
which shall only be applicable on subsequent payments.
16. If at any time, after execution of this agreement the Central Government
/ State Government / Local authority / Revenue Authority / any other
authority / any court / Judicial authority / quasi judicial authority by
way of any Statute / rule / regulation / notification / order /
judgment
/executive power etc. levies any tax /duty / charges / premiums /
levies / cess / surcharge / demands / welfare fund or any
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fund
/betterment tax/ sales tax / transfer tax / turnover tax / works
contract tax / service tax, VAT, penalties etcetera and put in force or
shall be in force prospectively or retrospectively, in respect of the
saidapartment or the construction for execution of the said agreement or
other document registered or the transaction herein, shall exclusively be
borne and paid (and if the same is paid by the Promoter then
reimbursed) by the Allottee. The Allottee hereby indemnifies the
Promoter from all such levies, cost and consequences.
19. It is hereby agreed that subject to the terms of this agreement, the
Allottee shall observe and perform and comply with all terms and
conditions, stipulations, restrictions, if any, which have been or
which may be imposed by the local authority, State and/or Central
government including Environment Department etc. at the time of
sanctioning/revision of the plans or at the time of granting completion
certificate. The Allottee shall not be entitled to claim possession of the said
Apartment until the completion certificate in respect of the said apartment is
received from the Pune Metropolitan Regional Development Authority and the
Allottee pays all dues, advances, deposits, etc. payable under this agreement
in respect of the said Apartment to the Promoter and has signed the
possession documents, bonds, receipts, etc. After receipt of the completion
certificate from Pune Metropolitan Regional Development Authority the
Promoter shall be absolved from or any liability in case any addition and/or
alteration to the Apartment/building by the Allottee, any damage to the
building by accident, any tampering with the geometrical sections of the
building, lack of maintenance by the Allottee/association, any event of force
majeure and any act of God.
TERMINATION OF AGREEMENT
20. On the allottee committing three default in payment on the due dates, of
the instalments or any other amounts due and payable of the Allottee
committing breach of any terms and conditions of this agreement, the
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22. The Allottee is also made aware that depending upon various promises
and assurances given by the allottee, the promoter has incurred and
shall incur the expenditure and will make commitments to the third
parties. In event of cancellation of the agreements by the allottee for
any reason whatsoever, the promoter in addition and without prejudice
to other remedies and rights and towards reimbursements and
damages, shall suffer great loss and hardship and work may be affected.
Therefore in the event of this agreement being cancelled by the allottee
for any reason whatsoever, the promoter shall be entitled to retain,
withhold and forfeit Rs. 50,000/-, from and out of the amount until
then paid by the allottee to the Owner and then the Owner shall be
liable to repay only the balance amount (if any) from the amount
received by the promoter on resale of the said Apartment. In this case
reduction in price of the Apartment will be considered as damages/loss
of the Owner/promoter in addition to the loss and expenses.
POSSESSION
23. The Promoter shall give possession of the Apartment to the Allottee
within Two Month after receipt of full and final consideration amount
mention in the present agreement. If the Promoter fails or neglects to
give possession of the Apartment to the Allottee on account of reasons
beyond his control and of his agents by the aforesaid date then the
Promoter shall be liable on demand to refund to the Allottee the
amounts already received by him in respect of the Apartment with
19
k.
PROCEDURE FOR TAKING POSSESSION
24. The Promoter, upon obtaining the occupancy certificate from the
competent authority and the payment made by the Allottee as per the
agreement shall offer in writing the possession of the Apartment, to the
Allottee in terms of this Agreement to be taken within 6 (Six months
from the date of issue of such notice and the Promoter shall give
possession of the Apartment to the Allottee. The Promoter agrees and
undertakes to indemnify the Allottee in case of failure of fulfilment of
any of the provisions, formalities, documentation on part of the
Promoter. The Allottee agree(s) to pay the maintenance charges as
determined by the Promoter or association of allottees, as the case may
be. The Promoter on its behalf shall offer the possession to the Allottee
in writing within 7 days of receiving the occupancy certificate of the
Project.
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25. The Allottee shall take possession of the Apartment within 15 days of
the written notice from the Promoter to the Allottee intimating that
thesaid Apartments are ready for use and occupancy:
27. The Promoter may complete part portion or floor of the building and
obtain part occupancy certificate/s and give possession of the
Apartment/s to the Allottee/s hereof and the Allottee/s shall not be
entitled to raise any objection thereto. Upon the Apartment Allottee/s
taking possession of the Said Apartment/s (including the Allottee/s
taking possession of the Said Apartment) in such partly completed or
portion or floor, the Promoter or their agents or contractors shall carry
on the remaining work with the Allottee/s occupying his/her/their/its
Apartment. The Allottee/s shall not object to, protest or obstruct in the
execution of such work, even though the same may cause any nuisance
or disturbance to him/her/them/it.
32. In case the law applicable to these present with respect to the
formation of Association of Apartment owners is changed with
retrospective and which shall adversely affect the obligation of the
Promoter under this agreement with respect to formation of association
of Apartment allottees then in that case the changes so made in the Law
having retrospective effect shall not apply to this agreement and the
obligation on part of the Promoter in respect to the formation of
Association shallbe followed as laid down under this agreement.
DEFECT LIABILITY
34. If within a period of five years from the date of handing over the
Apartment to the Allottee, the Allottee brings to the notice of the
Promoter any structural defect in the Apartment or the building in
which the Apartment are situated or any defects on account of
workmanship, quality or provision of service, then, wherever possible
such defects shall be rectified by the Promoter at his own cost and in
case it is not possible to rectify such defects, then the Allottee shall be
entitled to receive from the Promoter, compensation for such defect in
the manner as provided under the Act. The word defect here means
only defect on account of workmanship, quality or provision of service
caused on account of willful neglect on part of the Promoter and shall
not mean defects caused by normal wear and tear, negligent use of
apartment by the allottee, vagaries of nature etc.
35. It is agreed that the described liability period under the Act shall be
deemed to have commenced after expiry of 15 days from the date on
which the Promoter has given the necessary intimation for possession to
the Allottee or actual date of possession whichever is earlier. Provided
further, it is agreed that the Allottee shall not carry out any
alterations of whatsoever nature in the said apartment or in the fittings
therein, in particular it is hereby agreed that the Allottee shall not make
any alterations in any of the RCC structure, fittings, pipes, water supply
connections or any other erection in the bathroom, kitchen, toilet, WC,
terrace, etc. Or change of tiles in bathroom, WC, kitchen, entire
flooring, drill of any kind to fix any furniture, fittings. If any of such works
arecarried out or any heavy load are stored in the said Apartment, balcony,
terrace etc., any liability including the defect liability automatically shall
become void & the Allottee alone shall be responsible for it. Further the
Allottee will be liable for paying damages, if any, to the
Allottee/Owner/User of apartment below or any affected apartment. If
22
due to the Allottees or any other Allottees act or negligence, the Allottees
apartment is damaged, the repairs shall be carried out by the party
responsible for such an act and the Promoter shall not be liable for the
same.
36. The Allottee/s shall not do or permit to be done any act or thing that
may render void or voidable any insurance of the said land /building
or any part thereof, whereby any increased premium shall become
payable or levied in respect of the insurance and if done it shall be the
Allottee/s sole responsibility to correct such act or thing and shall
solely be liableto pay such losses, damages etc.
37. Further the Allottee/s will be liable for paying damages, if any, to the
Allottee/s/Owner/User of flat below or any affected flat. If due to the
Allottee/s or any other Allottee/s act or negligence, the Allottee/s
Apartment are damaged, the repairs shall be carried out by the party
responsible for such an act and the Promoter shall not be liable for the
same.
USE OF APARTMENT
38. The Allottee shall use the Apartment or any part thereof or permit the
same to be used only for purpose of residence.
MAINTAINENCE
39. Within 15 days after notice in writing is given by the Promoter to the
Allottee that the Apartment is ready for use and occupancy, the Allottee
shall be liable to pay the proportionate share (i.e. in proportion to the
carpet area of the Apartment) of outgoings in respect of the project
land and Building/s namely local taxes, betterment charges or such
other levies by the concerned local authority and/or Government
water charges, insurance, common lights, repairs and salaries of
clerks bill collectors, chowkidars, sweepers, cleaning of overhead
&underground water tanks and all other expenses necessary and
incidental to the management and maintenance of the project land and
building/s. Until the Society or Limited Company is formed and the said
structure of the building/s or wings is transferred to it, the Allottee
shall pay to the Promoter such proportionate share of outgoings as may
be determined.
40. The Allottee further agrees that till the Allottee's share is so
determined the Allottee shall pay to the Promoter provisional monthly
contribution of Rs. 3.5/- (Rupees Three and fifty paise only) per Sq. Ft
(ON CARPET AREA + ENCLOSED BALCONY AREA + ATTACHED
TERRACE AREA) per month in advance for 24 [Twenty Four] Months
towards the outgoings. The Promoter shall maintain a separate account
in respect of sums received by the Promoter from the Allottee as
maintenance and shall utilize the amounts only for the purposes for
which they have been received.
41. The amounts so paid by the Allottee to the Promoter shall not carry any
interest and remain with the Promoter until a conveyance of the
structure of the building or wing is executed in favour of the Apartment
Condominium. On such conveyance being executed for the structure of
the building or wing the aforesaid deposits (less deduction provided
for in this Agreement) shall be paid over by the Promoter to the Society
or the Limited Company, as the casemay be.
42. The Allottee has agreed that the monthly maintenance will start
23
from the date of first intimation letter given to any of the Allottee in the
said Scheme that the said apartment is ready for Possession.
43. The maintenance shall include the outgoings in respect of the said land
and building/buildings namely local taxes, betterment charges or such
other levies by the concerned local authority and/or Government,
Water charges, Insurance, Common Lights, repairs, and salaries of
clerks, bill collectors, Chowkidars, sweepers and all other expenses
necessary and incidental to the Management and maintenance of the
said land and building/s.
44. That after expiry of the initial period of 24 [Twenty Four] Months and
until the Association of Apartment Owners is formed and registered
and the said land and building/s or the administration of the building/s is
handed over or transferred to it, the Apartment Allottee/s further agrees
that till the Apartment Allottee’s share is so determined the apartment
Allottee herein shall pay to the Promoter or to such person as may be
nominated by the Promoter provisional monthly contribution as
decidedby the promoter from time to time. The amounts so paid by the
allottee/s shall not carry any interest and remain with the Promoter
or the concerned person as the case may be until a conveyance is
executed in favour of the unit allottees as aforesaid. During the
continuance of the scheme the maintenance charges paid by the
Allottee after occupying the apartment agreed to be sold to him or
interest accrued from the deposit paid by him is never sufficient to cover
the expenses of maintenance of the common areas and facilities since
there are some unsold apartments from whom charges cannot be
collected. If any dues or over expenses are incurred for aforesaid
purposes, the same shall be proportionately paid by then Apartment
Allottee/s to the Promoters or concerned person prior to the final
conveyance deed as aforesaid. The Apartment Allottee/s undertake/s to
pay such provisional monthly contribution and such proportionate
share of outgoings regularly on the 5th day of each and every month
in advance and shall not withhold the same for any reason whatsoever.
The Apartment Allottee herein has specifically agreed to pay his
contribution for running and maintaining the lifts/elevators (if provided
in the said building) irrespective of the floor on which the Apartment is
located and also irrespective of the use of the lifts/elevators by the
Apartment Allottee. The Promoter is not liable to give any account of
the expenses incurred for the aforesaid purposes.
46. The Promoter at its discretion and option shall be entitled to enter into
agreement with any person / company / agency for maintenance of the
common areas and facilities for months or years with a view to ensure
cleanliness thereof. Even after formation of Association the Allottee and
Association shall be bound by the said contract.
i. The Promoter has clear and marketable title with respect to the project
land; as declared in the title report annexed to this agreement and
has the requisite rights to carry out development upon the project land
and also has actual, physical and legal possession of the project land
for the implementation of the Project;
ii. The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and
shall obtain requisite approvals from time to time to complete the
development of the project;
iii. There are no encumbrances upon the project land or the Project
exceptthose disclosed in the title report;
iv. There are no litigations pending before any Court of law with respect to
the project land or Project except those disclosed in the title report;
vi. The Promoter has the right to enter into this Agreement and has not
committed or omitted to perform any act or thing, whereby the right,
title and interest of the Allottee created herein, may prejudicially be
affected;
vii. The Promoter has not entered into any agreement for sale and/or
development agreement or any other agreement / arrangement with
any person or party with respect to the project land, including
the Project and the said Apartment which will, in any manner, affect
the rights of Allottee under this Agreement;
viii. The Promoter confirms that the Promoter is not restricted in any
manner whatsoever from selling the said [Apartment/Plot]to the
Allottee in the manner contemplated in this Agreement;
ix. At the time of execution of the conveyance deed of the structure to the
association of allottees the Promoter shall handover lawful, vacant,
peaceful, physical possession of the common areas of the Structure to
the Association of the Allottees;
x. The Promoter has duly paid and shall continue to pay and discharge
undisputed governmental dues, rates, charges and taxes and other
monies, levies, impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the said project to
the competent Authorities;
xi. No notice from the Government or any other local body or authority
or any legislative enactment, government ordinance, order, notification
(including any notice for acquisition or requisition of the said property)
25
has been received or served upon the Promoter in respect of the project
land and/or the Project except those disclosed in the title report.
ii. Not to store in the Apartment any goods which are of hazardous,
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the building in which the Apartment is
situated or storing of which goods is objected to by the concerned local
or other authority and shall take care while carrying heavy packages
which may damage or likely to damage the staircases, common
passages or any other structure of the building in which the Apartment
is situated, including entrances of the building in which the
Apartment is situated and in case any damage is caused to the building
in which the Apartment is situated or the Apartment on account of
negligence or default of the Allottee in this behalf, the Allottee shall be
liable for the consequences of the breach.
iii. To carry out at his own cost all internal repairs to the said
Apartment and maintain the Apartment in the same condition, state and
order in which it was delivered by the Promoter to the Allottee and
shall not do or suffer to be done anything in or to the building in which
the Apartment is situated or the Apartment which may be contrary to the
rules and regulations and bye-laws of the concerned local authority or
other public authority. In the event of the Allottee committing any act in
contravention of the above provision, the Allottee shall be responsible
and liable for the consequences thereof to the concerned local authority
and/or other public authority.
vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the
same to be thrown from the said Apartment in the compound or any
portion of the project land and the building in which the Apartment is
situated.
vii. Pay to the Promoter within fifteen days of demand by the Promoter, his
share of security deposit demanded by the concerned local authority or
Government or giving water, electricity or any other service
connectionto the building in which the Apartment is situated.
viii. To bear and pay increase in local taxes, water charges, insurance and
such other levies, if any, which are imposed by the concerned local
authority and/or Government and/or other public authority, on
account of change of user of the Apartment by the Allottee for any
purposes other than for purpose for which it is sold.
ix. The Allottee shall not let, sub-let, transfer, assign or part with
interest or benefit factor of this Agreement or part with the possession
of the Apartment until all the dues payable by the Allottee to the
Promoter under this Agreement are fully paid up.
x. The Allottee shall observe and perform all the rules and regulations
which the Apartment Condominium may adopt at its inception and the
additions, alterations or amendments thereof that may be made from
time to time for protection and maintenance of the said building and
the Apartments therein and for the observance and performance of the
Building Rules, Regulations and Bye-laws for the time being of the
concerned local authority and of Government and other public bodies.
The Allottee shall also observe and perform all the stipulations and
conditions laid down by the Condominium of Apartments/
Society/Limited Company/Apex Body/Federation regarding the
occupancy and use of the Apartment in the Building and shall pay and
contribute regularly and punctually towards the taxes, expenses or
other out-goings in accordance with the terms of this Agreement.
xiii. Not to make any changes, in the elevation such as, enclosures and
terraces, dry balconies, additions of grills, etc., except or without the
prior permission of the project architect.
xviii. The Promoter has specifically disclosed that despite the aforesaid
efforts on the part of the Promoter, if the water supply at the said
project is found insufficient, additional required water will have to be
procured by the occupants/Purchaser/Allottee/s at their own cost,
collectively through the Association or the Apex Body as the case may
be and shall not take any objection regarding this matter and shall keep
Local Authority/Sanctioning Authority/ Promoter indemnified at all
times. The Allottee/s further agrees to bear the costs so incurred
proportionate to the water consumed by them or as may be decided by
the Association or Apex Body from time to time. The Promoter further
discloses that, the Promoter will only create suitable infrastructure
for treatment of this raw water, which will treat the water as per
domestic and drinkingconsumption standards.
50. The areas described in definition clause herein above state limited
common areas and facilities and which shall be for the purpose of
facilitating services required for the common maintenance of the
Apartment/building/scheme. The Allottee shall have no exclusive claim
whatsoever in the same will always remain the property of the
association and the same shall be used for of the purposes as
decidedby the Apartment Condominium from time to time.
51. The Allottee shall not raise any objection in the matter of allotment or
sale of remaining Apartment etc. in the said land on the ground of
nuisance, annoyance or inconvenience or any other reason what so ever
from any profession, trade or business, etc. that has been or will be
permitted by law or by local authority.
52. The Allottees shall have no claim save and except in respect of the said
Apartment hereby agreed to be sold in to him/her/them and all
common amenities, areas and facilities as described in Schedule-C
herein below will remain the property of the Promoter until the said
land and building/s is/are transferred to an Association of Apartment
Owners. Significant risks and rewards of ownership and effective
control of Apartment shall be deemed to have been transferred on
delivery of possession though ownership and effective control of
scheme shall remain with Promoter.
53. The Allottee hereby gives his consent and has no objection for the use
of the remaining units wholly or in parts any other purpose as may be
permitted by the Promoter in accordance with laws.
TRANSFER OF PROJECT
56. The Promoter shall have right to transfer the project to any third party
/entity subjected to due compliance of the conditions as laid down
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SPECIAL COVENANTS
57. Nothing contained in this Agreement is intended to be nor shall be
construed as a grant, demise or assignment in law, of the said
Apartments or of the said Plot and Building or any part thereof. The
Allottee shall have no claim save and except in respect of the
Apartment hereby agreed to be sold to him and all open spaces,
parking spaces, lobbies, staircases, terraces recreation spaces, will
remain the property of the Promoter until the said structure of the
building is transferred to the Society/Limited Company or other body
and until the project land is transferred to the Apex Body /Federation
as hereinbefore mentioned.
58. The Allottee is made aware of by the Promoter and the Allottee
undertakes to maintain and run Sewage Treatment Plant (STP) / Waste
Water Recycling Plant / Rain Water Harvesting / Solar Water Heating
System / Water Pumps / Fire Fighting System / any other system, if
provided, water recycling units located/or to be located in the present
scheme from the date of handover of management of the Apartment
Condominium to the Managing committee thereof in conformity with the
rules and regulation governing the operation of such plant. The Allottee
together with the Apartment Condominium thus formed shall keep the
Promoter/Pimpri Chinchwad Municipal Corporation indemnified from
any liability arising out of non-functioning or violation of law
pertaining to the Sewage Treatment Plant/Waste Water Recycling
Plant/Rain Water Harvesting located at the present scheme.
59. All rights of water, drainage, water course, light and other easement and
quasi or reputed easements and rights of adjoining land Owner/s and
their prospective members affecting the same and to any liability to
repair or contribute to the repair of roads, ways, passages, sewers,
drains, gutters, fences and other like matters. The Builder shall not be
required to show the creation of or define or apportion any burden.
60. All the covenants and conditions ensuring for the benefit of the said
person / s as contained in the Agreement / s made between them and /
or the Promoter, the said Order / s passed under the Ceiling Act,
Order of Layout and / or sub-division relating to the said land, Order of
conversion and all terms and conditions stipulated by the Promoter
in respect of the common areas and facilities and amenities to be
providedfor the benefits of the said land or any part / s thereof.
61. For the aforesaid purpose and all purposes of and incidental
thereto, and / or for the more beneficial and optimum use and
enjoyment of the various portions of the said land and / or any part / s
thereof of the Promoter in such manner as may be desired by the
Promoter, the Promoter shall be entitled to grant, over, upon or in
respect of any portion/s of the said land, all such rights, benefits,
privileges, easements etc. including right of way, right of draw from or
connect to all drains, sewers, water, electricity, telephone connections
and/or installations and other service in the said land and/or any
part/s thereof right of use and enjoyment of all amenities and facilities
provided and/or agreed to be provided in the said land and/or
any part/s thereof for the more beneficial and optimum use and
enjoyment of the same in such manner as may be desired by the
Promoter. The Promoter shall, if they so desires, be also at liberty to
form and incorporate one ultimate body hereinafter referred to in
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respect of the said land and/or any part/s thereof subject to the
same being permissible by the DEVELOPMENT CONTROLLING
AUTHORITY and authorities concerned and the Allottee/s hereby
irrevocably consent/s to the same. The term ultimate body shall be
accordingly construed wherever such construction is permissible in
relation to said term.
62. It being made expressly clear that the ultimate body’s transfer deed/s
in respect of the said land viz. the said land and/or any part/s
thereof with building thereon shall contain such provision which shall
be accordingly framed and the burden thereof shall run with the said
land shall be binding upon all the persons who are the holders of their
respective Apartment/s comprised in the said land as the Promoter
may reasonably require for giving effect to and/or enforcing the said
restriction covenants and stipulations.
63. It is hereby recorded that the consideration factor arrived at between
the parties hereto under these presents is suitably priced keeping into
consideration the rights and obligations reserved and vested into each
and therefore the Allottee/s shall have no right or remedy to defer or
deny any obligation imposed on him/her/them since he/she/they
has/have availed of the benefit factor of such obligation by reduction
inthe consideration hereunder.
64. Any natural calamity or manmade occurrences which could not have
been envisaged while designing the building for which the building
is not designed any act that is detrimental to the building as a whole.
65. The Promoter shall have a first charge and/lien on the said apartment
in respect of any amount payable by the Allottee/s under the terms and
conditions of this Agreement.
It is hereby made clear that the furniture layout, colour scheme,
specifications, amenities and facilities, elevation treatment, trees,
garden, lawns, etc. shown in the pamphlets, brochures, literature, films,
hoardings, websites, and other promotional media are shown only for
the sake of advertisement and the same are not binding on the
Promoter to provide unless specifically mentioned and agreed in this
agreement and subject to his right/s and discretion to make changes in
the same. The balconies as shown in the sanctioned plan may be
enclosed at the Promoter’s discretion.
RIGHT TO MORTGAGE
67. It is hereby expressly agreed between the parties hereto that the
Promoter shall be entitled to borrow construction loan, at his own cost
and risk, from any person or party including any banking/financial
institutions and for that purpose to mortgage the said land/building/s
and /or the entire construction work put up or to be put up (excluding
the apartment under sale by these presents) thereon or any part
thereof and such charge shall be cleared by the Promoter before
conveyance to the allottee. However; it is clarified that after the
Promoter executes this Agreement he/she/they/it shall not mortgage
or create a charge on the Apartment and if any such mortgage or charge
is made or created then notwithstanding anything contained in any
other law for the time being in force, such mortgage or charge shall not
affect the right and interest of the Allottee who has taken or agreed to
take such Apartment.
BINDING EFFECT
68. Forwarding this Agreement to the Allottee by the Promoter does not
create a binding obligation on the part of the Promoter or the Allottee
until, firstly, the Allottee signs and delivers this Agreement with all the
schedules along with the payments due as stipulated in the Payment
Plan within 30 (thirty) days from the date of receipt by the Allottee and
Fristly, appears for registration of the same before the concerned Sub-
Registrar as and when intimated by the Promoter. If the Allottee(s) fails to
execute and deliver to the Promoter this Agreement within 30 (thirty)
days from the date of its receipt by the Allottee and/or appear before the
Sub-Registrar for its registration as and when intimated by the
Promoter, then the Promoter shall serve a notice to the Allottee for
rectifying the default, which if not rectified within 15 (fifteen) days from
the date of its receipt by the Allottee, application of the Allottee shall be
treated as cancelled and all sums deposited by the Allottee in
connection therewith including the booking amount shall be returned
tothe Allottee without any interest or compensation whatsoever.
ENTIRE AGREEMENT
69. This Agreement, along with its schedules and annexures, constitutes
the entire Agreement between the Parties with respect to the subject
matter hereof and supersedes/annuls any and all understandings, any
other agreements, allotment letter, correspondences, arrangements
whether written or oral, if any, between the Parties in regard to the
said apartment/plot/building, as the case may be.
RIGHT TO AMEND
70. This Agreement may only be amended through written consent of the
Parties.
PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE /
SUBSEQUENT ALLOTTEES
71. It is clearly understood and so agreed by and between the Parties hereto
that all the provisions contained herein and the obligations arising
hereunder in respect of the Project shall equally be applicable to and
enforceable against any subsequent Allottees of the [Apartment/Plot], in
case of a transfer, as the said obligations go along with the Apartment
for all intents and purposes.
SEVERABILITY
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76. The Allottee and/or owner, Promoter shall present this Agreement at the
proper registration office of registration within the time limit prescribed
by the Registration Act and the Promoter will attend such office and admit
execution thereof.
SERVICE OF NOTICE
77. That all notices to be served on the Allottee and the Promoter as
contemplated by this Agreement shall be deemed to have been duly
served if sent to the Allottee or the Promoter by Registered Post A.D and
notified Email ID/Under Certificate of Posting at their respective as
mentioned herein below
FOR PROMOTER:
Business,PAN NO.
R/at:- C/5, Shree Suvart Co. Op. Housing Society,
Bhave Wada, Thane – 400601.
FOR ALLOTEE:
FOR OWNER/s:
78. It shall be the duty of the Allottee and the promoter, owner to inform
each other of any change in address subsequent to the execution of this
Agreement in the above address by Registered Post failing which all
communications and letters posted at the above address shall be
deemed to have been received by the promoter or the Allottee, as the
case may be.
JOINT ALLOTTEES
79. That in case there are Joint Allottees all communications shall be sent
by the Promoter to the Allottee whose name appears first and at the
address given by him/her which shall for all intents and purposes to
consider as properly served on all the Allottees.
10. All the dates and periods shall be determined by reference to the
Gregorian calendar.
11. Reference to any party to this agreement includes his/her/its heirs,
executors, administrators, successors and permitted assigns.
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All the piece and parcel of property bearing Survey No. 78, Hissa
No. 2/1/1, area admeasuring 00 H 22.5 R + 00 H 08 R Potkharaba,
total area admeasuring 00 H 30.5 R, assessed at Rs. 00.68 Paise, out
of it area admeasuring 00 H 13 R i.e. 1300 Sq. Mtrs., the said property is
situated at village Pimple Gurav, Tal. Haveli, Dist. Pune., within the
local limits of Pimpri Chinchwad Municipal Corporation and also within
the jurisdiction of Sub-Registrar Haveli Pune.
FLOOR - Frist
SIGN.
MR.AJIT EKNATH NANEKAR
PHOTO Left Hand SIGNED, SEALED AND DELIVERED BY
Thumb THE WITHIN NAMED ALLOTTEE/S
Impression
SIGN.
MR.GOPALKRISHNA SHRIRAMJI
DAHAD.
PHOTO Left Hand SIGNED, SEALED AND DELIVERED BY
Thumb THE WITHIN NAMED
Impression CONFIRMING/PROMOTER/ DEVELOPER
M/S. PANT SARATHI BUILDERS
THROUGH ITS AUTHORIZED PARTNERS
SIGN. ………………………………
1. MR. SACHIN DNYANOBA VIDHATE
a. COMMON AREAS
ANNEXURE-A
[CERTIFICATE OF TITLE]
CERTIFICATE
Thus considering the above stated facts, the title of M/S. Pant Sarathi
Builders Through Its Partners, 1. Mr. Jayesh Dingamber Rawalekar & 2.
Mr. Siddhesh Sanjay Sawant for land admeasuring about 1300 Sq. Mtrs, at
Survey No. 78, Hissa No. 2/1/1, of Village Pimple Gurav, Tal Haveli, Dist. Pune is
clear and marketable. Further, the said M/S. Pant Sarathi Builders Through
Its Partners, 1. Mr. Jayesh Dingamber Rawalekar & 2. Mr. Siddhesh Sanjay
Sawant have all the rights to develop the said land and construct and sell
proposed tenements on the said land to the prospective unit purchasers (except
the flats which are to be allotted to land owners).
Place : Pune
Dated: 23/03/2015
XXXX
MR. B. M. Thombare
Advocate
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ANNEXURE-E
Specification and amenities of the Apartment
1) STRUCTURE:
Earthquake resistant RCC framed structure.
2) BRICK WORK:
All External & Internal 6” Brick Walls.
3) PLASTER:
Exterior Sand Finished Cement Plaster & Neeru Finished Internal
Plaster.
4) FLOORING:
Vitrified Tiles 24” X 24” With Matching Skirting for Entire Flat
Designer Anti-Skid & Ceramic Tile for Terrace.
Paving Back / Trimix Concrete in Parking Area.
Bathroom 7’ Color Glaze tiles & W.C. 7’ Height.
5) KITCHEN:
Granite Kitchen Platform With Standard make Stainless Steel Sink.
Glazed Tiles Dado Up to Lintel level & Provision For Exhaust Fan.
6) WINDOWS / DOOR:
Decorative Door Frame Having Laminated Shutter With Quality Fitting.
Powder Coated Aluminium Sliding Window With Marble Sill and Safety
Grill.
7) PLUMBING:
Concealed Plumbing Internally Standard Make C.P. Fitting.
Good Quality Sanitary Fixtures.
Hot & Cold Mixer Unit in Toilet with Exhaust Fan Provision.
8) ELECTRIFICATON:
Standard make Modular Switches with Concealed Copper Wiring.
Adequate Electrical Point in Living M.C.B TV and Telephone Point in
Living Rooms.
9) COLOR:
Internally Acrylic Emulsion Oil Bond Distemper & Externally Weather
Shield.
Acrylic Paint.
10) LIFT:
Standard Make Lift With Power Back Up.
11) STUNNING
AMBIENCE: Grand Entrance
Gate.
Stylish Building Elevation.
Decorative Compound
Wall.Designer Entrance
Lobby.
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