2 Agreement To Sale Ajit Nanekar Flat No

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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
===========================================================

THIS AGREEMENT MADE AT PUNE ON THIS .......... DAY OF


JANUARY IN THE YEAR 2021.

BETWEEN

MR. AJIT EKNATH NANEKAR


Age – 60 Years,Occupation Business,
PAN NO. AAMPN8560A.
Aadhar No.
R/at:- Gangotri Niwas, Above P.D.C.C. Bank,
Pimprigaon, Pune – 411017.

Hereinafter referred to as "THE OWNER” (Which the expression


shall unless it be repugnant to the context or meaning thereof mean
and include the said Owner, its partners, their legal heirs, survivor,
executors, administrators, representatives, agents) OF THE FIRST
PART
AND

MR. GOPALKRISHNA SHRIRAM DAHAD.


Age – 36 Years, Occupation – Service,
PAN No. AJQPD9880L.
Aadhar No. 333393480514.
R/at:-81/2A, Adarshnagar, Nr. Tambe classes,
New Sangvi, Pune 411027.

Hereinafter referred to as "THE ALLOTTEE" /


“PURCHASERS”(Which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include the
Allottee, his/her/their successors, heirs and permitted assignees alone
so far as the obligations on the part of the Promoter is concerned) OF
THE SECOND PART.

AND
2

1. MR. AJIT EKNATH NANEKAR


Age – 60 Years, Occupation – Business,
PAN NO. AAMPN8560A

2. MRS. SHASHIKALA AJIT NANEKAR


Age – 52 Years, Occupation –
Housewife,PAN NO. AJGPN7737G

3. MR. AMOL AJIT NANEKAR


Age – 33 Years, Occupation –
Service,PAN NO. AGBPN6308F

4. MR. KUNAL AJIT NANEKAR


Age – 27 Years, Occupation –
Service,PAN NO. AJGPN7718P

5. MRS.SHITAL MANGESH CHINCHWADE


Age – 32 Years, Occupation – Housewife,
PAN NO. AFBPN1504N

6. SMT.KALPANA SURENDRA NANEKAR


Age – 51 Years, Occupation – Housewife,
PAN NO. AJGPN7716D

7. MR.ATUL SURENDRA NANEKAR


Age – 32 Years, Occupation –
Service,PAN NO. AGQPN8738A

8. MR. RANJIT SURENDRA NANEKAR


Age – 30 Years, Occupation – Business,
PAN NO. AGEPN0562G.
All R/at:- Gangotri Niwas, Above P.D.C.C. Bank,
Pimprigaon, Pune – 411017.

Through their Developer & Power of Attorney Holder

M/ S. PANT SARATHI BUILDERS


Registered Partnership Firm,
Having its office at:- Survey No. 45/3/4,
Flat No. 108, Nirmay Residency, Narhe Road,
Narhe, Tal. Haveli, Dist. Pune – 411041.
PAN NO. AAQFP5281L.

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.

2.MR. SACHIN DNYANOBA VIDHATE


Age: 38 Years, Occupation: Business,
PAN NO.
R/at:- Flat No. C - 1004, Survey No. 26/4/2,
Venkatesh Sharvil, Op. Pari Company, Dhayari, Pune – 411041.
3

Hereinafter referred to as the “CONSENTING PARTY”

(Which the expression shall unless it be repugnant to the context or


meaning thereof shall mean and include the said CONSENTING PARTY,
their legal heirs, survivor, executors, administrators, representatives,
agents and assignees)
……PARTY OF THE THIRD PART

AND

M/S. PANT SARATHI BUILDERS


Registered Partnership Firm,
Having its office at:- Survey No. 45/3/4,
Flat No. 108, Nirmay Residency, Narhe Road,
Narhe, Tal. Haveli, Dist. Pune – 411041.
PAN NO. AAQFP5281L

Through 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.

2.MR. SACHIN DNYANOBA VIDHATE.


Age: 38 Years, Occupation: Business,
PAN NO.
R/at:- Flat No. C - 1004, Survey No. 26/4/2,
Venkatesh Sharvil, Op. Pari Company, Dhayari, Pune – 411041.

Hereinafter referred to as the “CONFIRMING

PARTY/PROMOTER/DEVELOPER”

(Which the expression shall unless it be repugnant to the context or


meaning thereof shall mean and include the said Promoter, their legal
heirs, survivor, executors, administrators, representatives, agents and
assignees)
……PARTY OF THE FOURTH PART

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)

Which is bounded as under:-

On or Towards East -By Property of Survey No. 78/2 (P).

On or Towards South - By Property of Survey No. 78/3

On or Towards West -By Road.


4

On or Towards North - By Survey No. 78/1 (P).

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. Anna Rama Lokhande, Shri. Baburao Rama


Lokhande, Shri. Laxman Kashiram Lokhande, Shri. Mahadu Eknath
Shinde, Shri. Anna Govind Shinde, Shri. Dasherath Shankar
Shinde, Shri, Maruti Gangararn Lokhande, Sh:i. Babu Govinda
Lokhande, Shri. Gajaba Hanumanta Lokhande purchase the land
out of Survey No. 78 Hissa No. 2/1 land admeasuring 1 Acre i.e. 40
Are from Shivram Bhiva Kadam. By virtue of sale deed recorded
name of the purchaser i.e. Shri. Anna Rama Lokhande, Shri.
Baburao Rama Lokhande, Shri. .Laxman Kashiram Lokhande, Shri.
Mahadu Elcnath Shinde, Shri. Anna Govind Shinde, Shri. Dasherath
Shankar Shinde, Shri. Maruti Gangaram Lokhande, Shri. Babu
Govinda Lokhande, Shri. Gejaba Hanumanta Lokhande on 7/12
extract by Mutation entry No. 514 and they become a owner of the
said property.
AND WHEREAS after the sale deed the said Survey Number
divided in two part i.e. Survey No. 78/2/1 admeasuring 1 Acre
20 Are + P.K. 08 Are on the name of Shri. Shivrarn Bhiva Kadam &
Survey No. 78/2/2 admeasuring 1 Acre 00 Are on the name of Shri.
Anna Rama Lokhande and others.

AND WHEREAS Shiva Bhiva Kadam given a application to the


Tashildar for partition of ancestral property under land revenue act.
After the enquiry ancestral property divided between Shri. Dnyaoba
Shivram Kadam & Shri. Ganpat Shivram Kadam by virtue of
Partition Deed Survey No. 78/2/1 admeasuring land 1 Acre 20 Are
+P.K. 08 Are given in the share of Shri. ,Ganpat Shivram Kadam.
As per partition order given by Tashildar Name of the Shri. Ganpat
Shivram Kadam recorded on 7/12 extract by mutation entry No.
676.
AND WHEREAS Shri. Mahadev Hari Bhintade purchase the land
out of Survey No. 78 Hissa No. 2/1/1 land admeasuring 00 H.
02 Are from Ganpat Shivram Kadam & Sakharam Amruta Kadam. By
virtue of sale deed recorded name of the purchaser i.e. Shri.
Mahadev Hari Bhintade on 7/12 extract by Mutation entry No. 925
and he become a owner of the said property.

AND WHEREAS Shri. Chandrekant Maruti Avatade purchase the


land out of Survey No. 78 Hissa No. 2/1/1 land admeasuring 00
H. 04 Are from Ganpat Shivram Kadam & Sakharam Amruta
Kadam. By virtue of sale deed recorded name of the purchaser i.e.
Shri. Chandrekant Maruti Avatade on 7/12 extract by Mutation
entry No. 926 and he become a owner of the said property.

AND WHEREAS Shri. Lingbassappa Bhimappa Kongewad


purchase the land out of Survey No. 78 Hissa No. 2/1 (Part) land
admeasuring 00 H. 02 Are from Babu Shankar Kadam, Shri.
Chandrakant Shankar Kadam & Shri. Vijay Shankar Kadam. By
virtue of sale deed recorded name of the purchaser i.e. Shri.
Lingbassappa Bhimappa Kongewad on 7/12 extract by Mutation
entry No. 935 and he become a owner of the said property.
5

AND WHEREAS Shri. Shankar Pandurage Budhe purchase the


land out of Survey No. 78 Hissa No. 2/1 (Part) land admeasuring
00 H. 02 Are from Shri. Ganpat Shivram Kadam. By virtue of sale
deed recorded name of the purchaser i.e. Shri. Shankar Pandurage
Budhe on 7/12 extract by Mutation entry No. 939 and he become
a ownerof the said property.

AND WHEREAS Sau. Sunanda Ratnakar Bhoj purchase the land


out of Survey No. 78 Hissa No. 2/1 (Part) land admeasuring 00 H. 02
Are from Shri. Ganpat Shivram Kadam. By virtue of sale deed
recorded name of the purchaser i.e. Sau. Sunanda Ratnakar Bhoj on
7/12 extract by Mutation entry No. 940 and he become a owner of
the said property.

AND WHEREAS Shri. Manbhadur Dhanbhadur Bhat purchase


the land out of Survey No. 78 Hissa No. 2/1/1 land admeasuring
00
H. 1.5 Are from Ganpat Shivram Kadam. By virtue of sale deed
recorded name of the purchaser i.e. Shri. Manbhadur Dhanbhadur
Bhat on 7/12 extract by Mutation entry No. 960 and he become a
owner of the said property.

AND WHEREAS Shri. Mohan Limbaji Dudhak purchase the land


out of Survey No. 76 Hissa No. 2/18 land admeasuring 00 H. 01 Are
from Purushottam Mahadev Parate. By virtue of sale deed recorded
name of the purchaser i.e. Shri. Mohan Limbaji Dudhak on 7/12
extract of Survey No. 76 Hissa No. 2/18 by Mutation entry No. 980.
The said sale deed executed against the act of land revenue. The said
mutation entry was recorded as against the under section 63/64 of
tenancy act hence mark in other column as against the under
section 63/64. The said land was not of Survey No. 78, Hissa No.
2/1/1 (Part) but recorded mutation entry on the 7/12 extract AND
WHEREAS Shri. Chintaman Yashwant Bhisore purchase the land out
of. Survey No. 78 Hissa No. 2/1/1 land admeasuring 00 H. 02 Are
from Ganpat Shivram Kadam. By virtue of sale deed recorded name
of the purchaser i.e. Shri. Chintaman Yashwant Bhisore on 7/12
extract by Mutation entry No. 992 and he become a owner of the
said property.

AND WHEREAS Shri. Popat Satvaji Gaikawad purchase the land


out of Survey No. 78 Hissa No. 2/1/1 land admeasuring 00 H.
02 Are from Ganpat Shivram Kadam. By virtue of sale deed recorded
name of the purchaser i.e. Shri. Popat Satvaji Gaikawad on 7/12
extract by Mutation entry No. 1001 and he become a owner of the
said property.
AND WHEREAS Shri. Sarjerao Muguterao Shinde, Shri. Jyotiram
Parshuram Kadam, Shri. Kisan Bansi Ghule, Shri. Shivaji Namdev
Pisal, Kisan Ganpat Pawar purchase the land out of Survey No. 78
Hissa No. 2/1/1 (Part) land admeasuring 00 H. 04 Are from Ganpat
Shivram Kadam. By virtue of sale deed recorded name of the
purchaser i.e. Shri. Sarjerao Muguterao Shinde, Shri. Jyotiram
Parshuram Kadam, Shri. Kisan Bansi Ghule, Shri. Shivaji Namdev
Pisal, Kisan Ganpat Pawar on 7/12 extract by Mutation entry No.
1003 and they become a owner of the said property.

AND WHEREAS Shri. Ananda Angnrace Kamble purchase the


land out of Survey No. 78 Hissa No. 2/1/1 (Part) land admeasuring
6

00 H. 02 Are from Ganpat Shivram Kadam. By virtue of sale deed


recorded name of the purchaser i.e. Shri. Ananda Angnrace Kamble
on 7/12 extract by Mutation entry No. 1032 and he become a owner
of the said property.
AND WHEREAS Shri. Damu Khandu Jagtap, Shri. Murlidhar
Khandu Jagtap, Shri. Laxman Khandu Jagtap purchase the land out
of Survey No. 13/4 & 13/9 land from Parvatibai Babu Kadam. By
virtue of sale deed recorded name of the purchaser i.e. Shri. Damu
Khandu Jagtap, Shri. Murlidhar Khandu Jagtap, Shri. Laxman
Khandu Jagtap on 7/12 extract of Survey No. 13/4 & 13/9 by
Mutation entry No. 1080. The said sale deed executed against
the act of land revenue. The said mutation entry was recorded as
against the under section 63/64 of tenancy act here mark in other
column as against the under section 63/64. The said land was not of
Survey No. 78, Hissa No. 2/1/1 (Part) but recorded mutation entry
on the 7/12 extract.
AND WHEREAS Shri. Dattatray Sakharam Wani purchase the
land out of Survey No. 78 Hissa No. 2/1/1 (Part) land admeasuring
00 H. 02 Are from Ganpat Shivram Kadam. By virtue of sale deed
recorded name of the purchaser i.e. Shri. Dattatray Sakharam Wani
on 7/12 extract by Mutation entry No. 1081 and he become a owner
of the said property.

AND WHEREAS Shri. Balu Pandu Kashid purchase the land


out of Survey No. 78 Hissa No. 2/1/1 (Part) land admeasuring
00 H.1.75 Are from Ganpat Shivram Kadam. By virtue of sale
deed recorded name of the purchaser i.e. Shri. Balu Pandu
Kashid on7/12 extract by Mutation entry No. 1275 and he become
a owner ofthe said property.

AND WHEREAS Shri. Shaligram Chandagiram Agarewal purchase


the land out of Survey No. 78 Hissa No. 2/1/1 (Part) land
admeasuring 00 H. 1.25 Are from Ganpat Shivram Kadam. By
virtue of sale deed recorded name of the purchaser i.e. Shri.
Shaligram Chandagiram Agarewal on 7/12 extract by Mutation
entry No. 1415 and he become a owner of the said property.

AND WHEREAS Shri. Shaligram Chandagiram Agarewal purchase


the land out of Survey No. 78 Hissa No. 2/1/1 (Part) land
admeasuring 00 H. 1.5 Are from Ganpat Shivram Kadam. By
virtue of sale deed recorded name of the purchaser i.e. Shri.
Shaligram Chandagiram Agarewal on 7/12 extract by Mutation
entry No. 1416 and he become a owner of the said property.
AND WHEREAS Shri. Mohanlal Lekhumal Parwani purchase the
land out of Survey No. 78 Hissa No. 2/1/1 (Part) land
admeasuring 00 H. 03 Are from Ganpat Shivram Kadam. By virtue of
sale deed recorded name of the purchaser i.e. Shr. Mohanlal
Lekhumal Parwani on 7/12 extract by Mutation entry No. 1443 and
he becomea owner of the said property.

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
7

by Mutation entry No. 5224 and he become a owner of the said


property.

AND WHEREAS Shri. Surendra 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. 4483/1993 dated 20/08/1993. By virtue of sale deed
recorded name of the purchaser i.e. Shri. Surendra Eknath Nanekar
on 7/12 extract by Mutation entry No. 5225 and he become a owner
of the said property.

AND WHEREAS Buddha Bhushan Sevasen through it's Director


Punaji Yashwant Rokde, Ananda Agenash Kamble, Manohar
Lavkappa Kamble & others purchase the land out of Survey No. 78
Hissa No. 2/1/1 (Part) land admeasuring 00 H. 01 Are from Ganpat
Shivram Kadam. The said Sale Deed registered in the office of Sub
Registrar Haveli No. 5 Vide Document No. 8051/1996 dated
19/10/1996. By virtue of sale deed recorded name of the
purchaseri.e. Buddha Bhushan Sevasen through it's Director Punaji
Yashwant Rokde, Ananda Agenash Kamble, Manohar Lavkappa
Kamble & others on 7/12 extract by Mutation entry No. 7258 and
they becomea owner of the said property.

AND WHEREAS Shri. Surendra Eknath Nanekar expired on date


06/08/2001 Leaving behind him his legal heirs as Smt. Kalpana
Surendra Nanekar, Atul Surendra Nanekar & Ranjit Surendra
Nanekar has been recorded on the 7/12 extract vide mutation entry
No. 12597. As a owner of the said property.

AND WHEREAS Shri. Ganpat Shivram Kadam expired on date


08/12/2006 Leaving behind him his legal heirs as Shri. Rajendra
Ganpat Kadam, Shri. Mukund Ganpat Kadam, Sanjivani Bharat
Balkawde, Kalindi Vijaykumar Gaikewad, Kalpana Kailas Jagtap &
Saraswati Ganpat Kadam has been recorded on the 7/12 extract
vide mutation entry No. 14780. As a owner of the said property.

AND WHEREAS Sanjivani Bharat Balkawde, Kalindi Vijaykumar


Gaikewad, Kalpana Kailas Jagtap was release her right in ancestral
property i.e. Survey No. 78/2/1/1 & other properties infavour of
Shri. Rajendra Ganpat Kadam, Shri. Mukund Ganpat Kadam. The
said Release Deed registered in the office of Sub Registrar Haveli
No.
5 Vide Dotument No. 1142/2008 dated 08/02/2008. By virtue of
release deed Sanjivani Bharat Balkawde, Kalindi Vijaykumar
Gaikewad, Kalpana Kailas Jagtap was deleted on 7/12 extract and
recorded name of Shri. Rajendra Ganpat Kadam, Shri. Mukund
Ganpat Kadam as a owner of the said property.

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

08/10/2014. Accordingly as per the said Development Agreement


dated 08/10/2014 M/s. Pant Sarathi Builders Through its Partners
Amit Rajendra Kudale, Jayesh Digambar Ravlekar & Siddhesh
Sanjay Sawant had got exclusive rights to develop the said property.

AND WHEREAS Ajit Eknath Nanekar & Others have after


completing all formalities such as demarcation and D. P. Opinion
had preferred building plan on scheduled property and have got
building plan sanctioned from the office of Pimpri Chinchwad
Municipal Corporation vide No. BP/PimpleGurav/6/2015 on
12/03/2015 and has obtained Commencement Certificate.

AND WHEREAS Ajit Eknath Nanekar & Others have filed an


application before the office of Collector of Pune, Collectorate, Pune
(Revenue Branch) for granting permission to make use of said
properties for Non- Agricultural purpose i.e. for Residential purpose.
The Collector, Pune has granted permission under order No.
PCMC/NOC/SR/40/2015 on 04/06/2015.

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.

There after M/S. PANT SARATHI BUILDERS Through Its


Partners 1.MR.AMIT RAJENDRA KUDALE, 2. MR. JAYESH DIGMBAR
RAVELEKAR & 3. MR. SIDDHESH SANJAY SAWANT have reconstitute
the said partnership and have added 3.MR.SACHIN DNYANOBA
VIDHATE as new Partners to the said Partnership Firm accordingly
necessary deed of Reconstitution of Partnership Deed is executed. As
per the said reconsititution Mr. Sachin Dnyanoba Vidhate added as
partner by its DIN No. 07872385. There after M/S. PANT SARATHI
BUILDERS Through Its Partners MR. JAYESH DIGMBAR RAVELEKAR
has given Signing Authority to partner MR.SACHIN DNYANOBA
VIDHATE through registered power of attorney dated 04/07/2018 in
the office of sub registrar Haveli No.20 noted at serial no. 9339.

AND WHEREAS the Promoter has proposed to construct on the


project land a scheme comprising of ownership Apartment, in the name
of “SARATHI PRIDE” [Herein after referred to as the “said
project”]consisting of building/floors/units as tabled hereinbelow;

Total potential of project


9

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

That as on today the Pimpri Chinchwad Municipal


Corporation has issued sanctioned Plan upto Third Floor consisting of
18 Flats (Apartments) + 8 Offices.
(Hereinafter referred to as the "Said Building/s" for the sake of
brevity). AND

WHEREAS the Real Estate Regulatory Authority, Pune has


granted registration of the Project proposed on the said land, vide
registration no. P52100011830, dated 31/08/2017 authenticated
copy of the said registration is attached to this agreement at Annexure-
F
WHEREAS the Promoter has entered into a standard Agreement
with Mr. Saket Mithari Registered Architect registered with the Council
of Architects and such Agreement is as per the Agreement prescribed
by the Council of Architects. However, the promoter herein have
reserved the rights to change such Architect at any time if so desired by
thepromoter at its sole discretion. AND

WHEREAS the copy of Certificate of Title is sued by Mr. B. M.


Thombare, Advocate of the Promoter & Builder, Copies of 7/12 extract
of village forms and other relevant revenue records showing the
nature of the title of the Owners, development rights of Promoter &
Builder to the said property on which the Flats and other amenities are to
be constructed as per plan etc., AND

WHEREAS the Promoter has appointed Santosh Shankaro Patil,


as Structural Engineer having License No. 156, for the preparation of
the structural design and drawings of the buildings and the Promoter
accepts the professional supervision of the structural Engineer till the
completion of the building/buildings. However, the promoter herein
have reserved the rights to change such structural Engineer at any time
10

if so desired by the promoter at its sole discretion. AND

WHEREAS the Promoter has accordingly commenced


construction of the said building/s in accordance with the sanctioned
plans. AND

WHEREAS by virtue of the recitals as mentioned herein above the


Promoter has sole and exclusive right to sell the Apartment/s in the
said building/s said project constructed / to be constructed by the
Promoter on the project land and to enter into Agreement/s with the
allottee(s)/s of the Apartments and further to receive the sale
consideration in respect thereof. AND
WHEREAS on demand from the allottee, the Promoter has given
inspection to the Allottee of all the documents of title, Deeds and
Documents, Orders, NA Orders, Sanctions, 7/12 Extracts, Title Search
Report of the said land, commencement Certificate, Indemnity Bonds,
Undertakings, relating to the project land and the plans, layouts,
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 and Maharashtra Ownership
ofFlats Act 1963 (hereinafter both the Acts together are to be referred
toas "the said Acts") and the Rules and Regulations made
thereunder. AND

WHEREAS the Promoter has decided to form an Association of


Apartments under Maharashtra Apartment Ownership Act, 1970 of all
Apartment allottees of the buildings/project and have specifically
informed the Allottee about its intention to do so and the Allottee has
raised no any objection to the same.
AND WHEREAS the Promoter/Builder by an development
agreement dated 08/10/2014 registered in the office of Sub Registrar
Haveli No. 16 noted at serial no. 8326/2014 has allotted the said Flat
to Owner i.e. the Party of the First Part in lieu of consideration of
Development Agreement. As per the said Agreement Owner i.e. Party
of the First Part have got his respective Flat. Thus the Owner/Party of
the First Part has got exclusive rights to sale, assign, transfer his/her
Flat as he/she likes.

The said Agreement to Sale is executed by the Party of the First


Part with the consent of the Party of the Fourth to fulfill the terms &
conditions of the development agreement dated 08/10/2014. The flat
was supposed to be allotted to the Party of the First Part but on the
request of the Party of the First Part this Agreement to Sale is
executed in favour of Purchasers. The Party of the First Part is entitled
to receive all the consideration amount of the said flat & accordingly
Purchasers are paying the consideration amount to the Party of the First
Part.

WHEREAS on the request of the Promoter & Owner, the Allottee


has carried out independent necessary search by appointing
his/her/their own Advocate regarding the title and the nature of
the title of the said land / proposed project. The Allottee has / have
satisfied himself / herself / themselves in respect of the marketable
title of the Promoter & Owner in respect of the said land and also have
verified the correctness and lawfulness of all the other documents
produced for their inspection by the Promoter /owner and thereafter
have agreed to purchase the Apartment more particularly described in
11

the “SCHEDULE-B” annexed herewith and delineated and demarcated


in Red Color in Annexure-“D” annexed hereto. AND
WHEREAS the Allottee has read and understood all the terms
and conditions of the deeds and documents concerning the title of the
said land so also the Allottee has read and understood all the contents
of the indemnity bonds/Undertakings, etc. given by the Promoter to the
Hon’ble Collector, Pimpri Chinchwad Municipal Corporation or any
other authority and terms and conditions mentioned in
Commencement certificate, NA Order and also the allottee has read and
understood the terms and conditions thereof. AND
WHEREAS the Allottee is aware of the fact that the present
scheme is single phase development of the said project and shall form
one housing scheme. The Allottee is also aware that the Promoter has
entered or will enter into similar and/or different and/or separate
Agreements with several other intending allottees and/or Allottees,
persons and parties in respect of other units in the said
building/project. AND
WHEREAS the Allottee herein being desirous of purchasing an
Apartment, applied to the Consenting Party/Promoter herein for
allotment of the Apartment No.“102” on the First Floor in the project
known as “SARATHI PRIDE” to be constructed on the said land.
Accordingly, in response to the application of the Allottee, the
Purchaser/Allottee is offered by the owner an apartment bearing
No.“102” on the First Floor in the project known as “SARATHI
PRIDE” to be constructed/being constructed on the said land
(hereinafter referred to as “the said Apartment” / “the Said Flat”).
AND

WHEREAS the authenticated copies of Certificate of Title issued


by the attorney at law or advocate of the Promoter, extract of Village
Forms VI and VII and XII, layout of the project, sanctioned building
plan, Open space of the project, Floor Plan of the Apartment,
Specification and amenities of Apartment and certificate of registration
with RERA showing the nature of the title of the Promoter to the project
land on which the Apartments are constructed or are to be constructed,
approvals and registrations obtained, open space and amenities of the
project as well as the apartment under sale has been annexed to this
agreement at Annexure 'A' to Annexure 'F', respectively. 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 Allottee


has paid to the owner a sum of Rs. 2,00,000/- (Rupees Two Lakhs
Only), in the following manner:

Rs. 2,00,000/- Paid by Cheque bearing no. 000017


from on HDFC Bank, New Sagvi ,
Branch dated 15/12/2020 in favour of
Mr. Ajit Eknath Nanekar.

being part payment of the sale consideration of the Apartment


agreed to be sold by the Owner to the Allottee as advance payment or
12

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

WHEREAS under the said Acts the Promoter/owner is required


to execute a written Agreement for sale of said Apartment with the
Allottee,being in fact these presents and also to register said Agreement
under the Registration Act, 1908.

NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS


HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:

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.
13

FLOOR SPACE INDEX (FSI)


3. The Promoter hereby declares that the Floor Space Index available as on
date in respect of the project land is 0.85% i.e. 1008.80 Square Meters
only and Promoter has planned to utilize Floor Space Index of 617
Square Meters by availing of TDR or FSI available on payment of
premiums / Paid FSI or FSI available as incentive FSI by implementing
various scheme as mentioned in the Development Control Regulation or
based on expectation of increased FSI which may be available in
future on modification to Development Control Regulations, which are
applicable to the said Project. The Promoter has disclosed the total Floor
Space Index of 1628.8 Square Meters as proposed to be utilized by
him on the project land in the said Project and Allottee has agreed to
purchase the said Apartment based on the proposed construction and
sale of apartments to be carried out by the Promoter by utilizing the proposed
FSI and on the understanding that the declared proposed FSI shall belong to
Promoter only.

CONSTRUCTION IN ACCORDANCE WITH PLAN

4. The Promoter shall construct the said building/s / project in


accordance with the plans, designs and specifications as approved by
the concerned local authority from time to time. Provided that the
Promoter shall have to obtain prior consent in writing of the Allottee in
respect of variations or modifications which may adversely affect the
Apartment of the Allottee except any alteration or addition required
by any Government authorities or due to change in law. Further, 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. The Promoter shall obtain any further
approvals as may be required under any law in force or any
subsequent law affecting the development of the said project from the
concerned authority, so also the Promoter shall obtain Building
Completion Certificate or Occupancy Certificate of the said Building from
the concerned authority after completion of the construction of the said
building / said project.

FULL AND TRUE DISCLOSURE


5. The Promoter has made full and true disclosure about the title,
proposed plans concerning the said land and the said project to the
Allottee. The Allottee having acquainted and satisfied
himself/herself/themselves with all the facts and nature of rights of the
Promoter has/have entered into this Agreement. The Allottee herein
after shall not be entitled to challenge or question the title of the owner
and the right of the Promoter to enter into this Agreement under any
circumstances whatsoever.

NAME OF THE PROJECT


6. The name of the Project shall be “SARATHI PRIDE”. The said name
shall not be changed for any reason whatsoever without prior written
consent of the promoter herein.

FUTURE SALE OF APARTMENT


7. The Allottee hereby agrees to purchase from the Owner and the Owner
hereby agrees to sell to the Allottee Apartment No.“102”
admeasuring 38.37 Sq. Meters. of carpet area and with exclusive right
14

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.

It is decided by the parties to the said Agreement that,


Purchaser shall pay the agreed consideration amount of Rs.
33,00,000/- in favour of Party of the First Part and all the taxes, duties
such as Stamp duty, Registration Fees, GST, Society Formation charges
and other in favour of Party of the Fourth Part, The Party of the Fourth
Part shall pay all the such above taxes to the respective Govt. Offices.
That the said price is fixed on lumpsum basis and hence the Purchaser
shall not claim any rebate which shall be benefited by the Govt.
Offices from the Party ofthe First Part and Party of the Fourth Part.
DISCLOSURE REGARDING MANUFACTURER’S WARRANTY
8. The Promoter specifically discloses that, the manufacturers of certain
appliances, equipment’s, standard fittings, machineries including
generator set for backup, STP, electric pumps, waste management
plants, lifts, Gas line if any, security equipment’s if any, electronic
equipment’s if any, Solar System if any, Gym equipments if any,
Garbage Chute, etc will be as per the warranty provided by the
respective manufacturer / Supplier. The only warranty on those items
is of the manufacturer’s warranty and the Promoter is in no way
responsible for their performance or for any condition beyond the
manufacturer’s warranty.
FIXTURES AND FITTINGS
9. The fixtures and fittings with regard to the flooring and sanitary fittings
and amenities with particular brand (IF ANY ALREADY MENTIONED to
be provided by the Promoter/ Owner in the said building and the
Apartment as are set out in Annexure 'E', annexed hereto.

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:

Rs. 2,00,000/- Paid by Cheque bearing no. 000017


from on HDFC Bank, New Sagvi ,
15

Branch dated 15/12/2020 in favour of


Mr. Ajit Eknath Nanekar.

being part payment of the sale consideration of the Apartment


agreed to be sold by the Owner to the Allottee as advance payment or
Application Fee (the payment and receipt whereof the Promoter both
hereby admit and acknowledge) and the Allottee has agreed to pay to
the Owner the balance consideration of Rs. 31,00,000/- (Rupees
Thirty one Lakhs Only), of the sale consideration in 1 (One) month for
date of agreement to sale the manner hereinafter appearing. AND
The consideration of the said Apartment is also arrived on the
assurance of the Allottee to abide by the above payment schedule only
and it will not be altered by the Allottee under any circumstances. The
Allottee shall make all the payments to the Owner by Demand Draft/
Pay orders / Local Cheques/RTGS/NEFT payable at Pune only. If the
Allottee makes the payment by outstation cheques then the date of
payment shall be treated as and when the same is credited to the
account of the Owner and to the extent the said amount is credited by
deducting the commission of the Bank/out station clearing charges.
Payment of any installments if made in advance shall be adjusted to the
installments as mentioned herein above. No interest shall be paid by
the Owner for such advance payments made by the Allottee or Housing
Finance Companies/Banks, etc.

The Allottee authorizes the Owner to adjust/appropriate all


payments made by him/her under any head(s) of dues against lawful
outstanding, if any, in his/her name as the Owner may in its sole
discretion deem fit and the Allottee undertakes not to
object/demand/direct the Promoter to adjust his payments in any
manner.

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”.

INTEREST ON DELAYED PAYMENT


12. It is hereby specifically agreed that the time for payment as specified
above is of the utmost essence to this agreement and on failure of the
Allottee to pay the same on due dates, it shall be deemed that the
Allottee has committed breach of this agreement and the Owner shall
be entitled to take such action as they are entitled to take in case of
breach/default of this agreement, including termination of this
agreement. Without prejudice to the right of the Owner to take
action for breach arising out of delay in payment of the installments
on the due date, the Allottee shall be bound and liable to pay interest as
specified under the rules formed under the said Act or as per MCLR of
State Bank of India + 2%,with quarterly rests on all amounts which
16

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.

TAXES AND ITS PAYMENT


13. The Total Price above excludes Taxes (consisting of tax paid or payable
by the Promoter by way of stamp duty, LBT, registration fee, GST, Value
Added Tax, Service Tax, and Cess or any other similar taxes which may
be levied, in connection with the construction of and carrying out the
Project payable by the Promoter) up to the date of handing over the
possession of the Apartment. It is agreed between the Promoter and
the Allottee that all such taxes/duties/registration fees shall be paid by
the Allottee separately as and when demanded by the Promoter within
07 days of such demand being made in writing.

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
17

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.

FINAL CONSIDERATION AND ITS CALCULATION


17. The Promoter shall confirm the final carpet area that has been
allotted to the Allottee after the construction of the Building is complete
and the occupancy certificate is granted by the competent authority, by
furnishing details of the changes, if any, in the carpet area, subject to a
variation cap of three percent. The total price payable for the carpet area
shall be recalculated upon confirmation by the Owner/Promoter. If
there is any reduction in the carpet area within the defined limit then
Owner/Promoter shall refund the excess money paid by Allottee within
forty-five days with annual interest at the rate specified in the Rules,
from the date when such an excess amount was paid by the Allottee.
Ifthere is any increase in the carpet area allotted to Allottee, the
Owner/Promoter shall demand additional amount from the Allottee
aper the next milestone of the Payment Plan. All these monetary
adjustments shall be made at the same rate per square meter as
agreedin Clause 6 of this Agreement.

OBSERVATION OF CONDITIONS IMPOSED BY LOCAL AUTHORITY


18. The Owner/Promoter hereby agrees to observe, perform and comply
with all the terms, conditions, stipulations and restrictions if any, which
may have been imposed by the concerned local authority at the time of
sanctioning the said plans or thereafter and shall, before handing over
possession of the Apartment to the Allottee, obtain from the
concerned local authority occupancy and/or completion certificates in
respect of the Apartment.

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
18

Owner/Promoter shall in its sole discretion be entitled to terminate this


Agreement. Provided always that the power of termination herein before
contained shall not be exercised by the Promoter unless and until the
Owner/Promoter has given to the Allottee fifteen days prior notice in
writing of the Owner/Promoter’s intention to terminate this agreement
and of the specific breach or breaches of the terms and conditions in
respect whereof it is intended to terminate this agreement and default
shall have been made by the Allottee in remedying such breach or
breaches within fifteen days after such notice. After a period of fifteen
days from the date of this notice, if even part of the dues remains
unpaid, the agreement shall be terminated. The Allottee has irrevocably
agreed to the same.

21. It is agreed between the parties that upon termination of this


Agreement, the Owner shall make a demand Draft/Cheque of the
balance amount, if any, out of the installments of the consideration which
the Allottee might have till then paid to the Owner, without any interest
and only after deducting Rs.50,000/- towards administration and other
expenses etc. It is further agreed that the balance amount, if any, shall be
paid by the Owner to the allottee after resale of the said Apartment in the
manner of receipt of consideration from new allottee. The Allottee shall
have no claim except for repayment of the amount payable as mentioned
above. The Allottee hereby agrees that in that event all of his/her/their
rights in the said Apartment shall stand extinguished and no separate
cancellation deed, its execution and registration will be required. The
information letter sent by the Owner calling upon the allottee to collect
the Balance amount will in itself be considered as the cancellation of this
agreement in toto. The Owner shall be entitled to resale the said
Apartment and/or dispose of or otherwise alienate the same in any other
manner as the Promoter in its sole discretion thinks fit. The allottee
agrees to the same. The Owner shall not be responsible to refund any
kind of tax like Vat/service tax / GST / stamp duty / registration fees
etc. collected from the allottee at any given pointof time.

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

interest at the same rate as may mentioned in the clause16 herein


below from the date the Owner/Promoter received the sum till the
date the amounts and interest thereon is repaid. Provided that the
Promoter shall be entitled to reasonable extension of time for giving
delivery of Apartment on the aforesaid date, if the completion of
building in which the Apartment is to be situated is delayed on account
of:

a. war, civil commotion or act of God;

b. any notice, order, rule, notification of the Government and/or


other public or competent authority/court or any Decree / Order
of any Court/tribunal/authority.

c. Non-availability of steel, cement, other building material, water,


electric supply or drainage line etc.

d. Any stay or injunction order from any Court/forum/statutory


body.

e. Pendency of any litigation of any nature effecting the


construction or furbishing.

f. Delay or default in payment of any installment or dues by the


Apartment Allottee. (This is without prejudice to the right of the
Promoter under Clause 11, 12 & 13 above).

g. Delay by Local Authority in issuing or granting necessary


Completion Certificate or Occupation Certificate.

h. Any other circumstances beyond the control of the Promoter or


force majeure.

i. Changes in any rules, regulations, bye laws of various statutory


bodies and authorities from time to time affecting the
developmentand the project.

j. Delay in grant of any NOC/ permission/ license/ connection


installment of any services such as elevators, electricity and
water connections and meters to the scheme/ Apartment/ road
etc. or completion certificate from any appropriate authority.

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.
20

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:

26. Failure of Allottee to take Possession of Apartment: Upon receiving a


written intimation from the Promoter, the Allottee shall take
possession of the Apartment from the Promoter by executing
necessary indemnities, undertakings and such other documentation as
prescribed in this Agreement, and the Promoter shall give possession
of the Apartment to the allottee. In case the Allottee fails to take
possession within the time provided herein the such Allottee shall
continue to be liable to pay maintenance charges as applicable.

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.

FORMATION OF APARTMENT CONDOMINUIM AND CONVEYANCE


28. In accordance with the provisions of Maharashtra Ownership of Flats
Act, 1963, a separate association of apartment owners including the
bye laws of the proposed association of apartment’s owners of the
project/building shall be formed and if required by the Promoter the
Allottee shall sign all necessary documents. Further, No objection shall
be taken by the Allottee if any changes or modifications are made in the
draft bye-laws if the same are required to be made by the Promoter as
per their commitments to various persons, allottees and or any other
competent authority as the case maybe. This condition is the essence of
the agreement. It is communicated to and agreed by and between the
parties that the Promoter shall form Apartment Condominium of for
the said project and the Allottee shall not raise any objection to the
same on any ground whatsoever.

29. Unless prevented by the circumstances beyond the control of the


Promoter, it is agreed that the said land along with the building/s
constructed or to be constructed thereon, shall be subjected to the
provisions of Maharashtra Apartment Ownership Act, 1970, and the
Apartment will be conveyed by the Promoter herein on or before
31/12/2022 subjected to receipt of entire amount and all dues from all
allottees including maintenance charge, outgoing, stamp duty,
registration fee, service tax, any other government dues.

30. At the time of registration of conveyance of the structure of the building or


wing of the building, the Allottee shall pay to the Promoter, the
Allottees' share of stamp duty and registration charges payable, by the
said Apartment Condominium on such conveyance any document or
instrument of transfer in respect of the structure of the said Building
/wing of the building. At the time of registration of conveyance or Lease of
the project land, the Allottee shall pay to the Promoter, the Allottees' share
of stamp duty and registration charges payable, by the said Apex Body or
Federation on such conveyance or any document or instrument of
21

transfer in respect of the structure of the said land to be executed in


favour of the Apex Body or Federation.

31. This agreement shall be construed as a Declaration by the Allottee as


provided under Maharashtra Apartment Ownership Act, 1970 read
with Maharashtra Apartment Ownership Rules 1972 thereby
submitting their Apartments to the provisions of the said act.

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.

33. The conveyance and/or Declaration u/s 2 of the Maharashtra


Apartment Ownership Act, 1970 shall be subject to exclusive,
limited common rights of the flat allottee and commitments of the
Promoter. The Promoter shall be entitled to amend/frame the bye
laws, rules, etc. of the association as per terms of this agreement and
also with a view to maintain decorum, beautification of the buildings,
open grounds and common amenities, etc. The Promoter in its
absolute discretion and at its option may execute and register such
conveyance even before the aforesaid stipulated period.

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.

45. Till a separate electric meter or a water meter is installed/ allotted by


the MSECDL/PCMC and any other authority, the Purchaser herein
hereby agrees to bear and pay punctually the amounts and charges of
the common electric and water meter and also the expenses for the
maintenance of the common areas and facilities in proportion to
the area of his/her flat. The Promoter has provided one PCMC water
connection of 1.5 inch and has provided one bore-well water
connectionfor the said entire scheme.

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.

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER


47. The Promoter to the best of his knowledge and information,
herebyrepresents and warrants to the Allottee as follows:
24

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;

v. All approvals, licenses and permits issued by the competent


authorities with respect to the Project, project land and said
building/wing are valid and subsisting and have been obtained by
following due process of law. Further, all approvals, licenses and
permits to be issued by the competent authorities with respect to the
Project, project land and said building/wing shall be obtained by
following due process of law and the Promoter has been and shall, at
all times, remain to be in compliance with all applicable laws in
relation to the Project, project land, Building/wing and common
areas;

vi. The Promoter has the right to enter into this Agreement and has not
committed or omitted to perform any act or thing, whereby the right,
title and interest of the Allottee created herein, may prejudicially be
affected;

vii. The Promoter has not entered into any agreement for sale and/or
development agreement or any other agreement / arrangement with
any person or party with respect to the project land, including
the Project and the said Apartment 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.

REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE

48. The Allottee/s or himself/themselves with intention to bring all persons


into whosoever hands the Apartment may come, hereby covenants
withthe Promoter as follows:

i. To maintain the Apartment at the Allottee's own cost in good and


tenantable repair and condition from the date that of possession of the
Apartment is taken and shall not do or suffer to be done anything in
or to the building in which the Apartment is situated which may be
against the rules, regulations or bye-laws or change/alter or make
addition inor to the building in which the Apartment is situated and the
Apartment itself or any part thereof without the consent of the local
authorities, if required.

ii. Not to store in the Apartment any goods which are of hazardous,
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the building in which the Apartment is
situated or storing of which goods is objected to by the concerned local
or other authority and shall take care while carrying heavy packages
which may damage or likely to damage the staircases, common
passages or any other structure of the building in which the Apartment
is situated, including entrances of the building in which the
Apartment is situated and in case any damage is caused to the building
in which the Apartment is situated or the Apartment on account of
negligence or default of the Allottee in this behalf, the Allottee shall be
liable for the consequences of the breach.

iii. To carry out at his own cost all internal repairs to the said
Apartment and maintain the Apartment in the same condition, state and
order in which it was delivered by the Promoter to the Allottee and
shall not do or suffer to be done anything in or to the building in which
the Apartment is situated or the Apartment which may be contrary to the
rules and regulations and bye-laws of the concerned local authority or
other public authority. In the event of the Allottee committing any act in
contravention of the above provision, the Allottee shall be responsible
and liable for the consequences thereof to the concerned local authority
and/or other public authority.

iv. Not to demolish or cause to be demolished the Apartment or any part


thereof, nor at any time make or cause to be made any addition or
alteration of whatever nature in or to the Apartment or any part
thereof,nor any alteration in the elevation and outside colour scheme of
the building in which the Apartment is situated and shall keep the
portion, sewers, drains and pipes in the Apartment and the
appurtenances thereto in good tenantable repair and condition, and in
particular, so as to support shelter and protect the other parts of the
building in which the Apartment is situated and shall not chisel or in
any other manner cause damage to columns, beams, walls, slabs or
RCC, Pardis or other structural members in the Apartment without
the prior written permission of the Promoter and/or the Society or the
Limited Company.
26

v. Not to do or permit to be done any act or thing which may render


void or voidable any insurance of the project land and the building in
which the Apartment is situated or any part thereof or whereby any
increasedpremium shall become payable in respect of the insurance.

vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the
same to be thrown from the said Apartment in the compound or any
portion of the project land and the building in which the Apartment is
situated.

vii. Pay to the Promoter within fifteen days of demand by the Promoter, his
share of security deposit demanded by the concerned local authority or
Government or giving water, electricity or any other service
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.

xi. Till a conveyance of the structure of the building in which Apartment is


situated is executed in favour of Society/Limited Society/
Condominium of Apartments, the Allottee shall permit the Promoter
and their surveyors and agents, with or without workmen and others,
at all reasonable times, to enter into and upon the said buildings or any
part thereof to view and examine the state and condition thereof.
xii. Till a conveyance of the project land on which the building in which
Apartment is situated is executed in favour of Apex Body or
Federation, the Allottee shall permit the Promoter and their surveyors
and agents,with or without workmen and others, at all reasonable times,
to enter into and upon the project land or any part thereof to view
and examinethe state and condition thereof.

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.

xiv. The Allottee is hereby prohibited from altering, obstructing the


27

external and internal structure of the building constructed as per the


sanctioned plan.

xv. It is specifically understood that the matters related to service providers


such as security services, managerial services & other service
appointed by the Promoter for the Association of Owners is entirely the
responsibility & liability of the Association. The Apartment Association
has to handle all the financial and other matters with such service
providers and the Promoter shall not be financially liable towards the
Association and/ or the service providers.

xvi. As the Promoter will be applying to the concerned authorities for


giving separate water connections for buildings and electricity meters
and connections for the said Apartment of the Allottee, if there is delay
in obtaining the water and electricity connections from the concerned
department then in that case the Promoter may provide electrical
connections / water supply /power supply/ generator supply through
any other temporary arrangements because of which if there is any
improper / in sufficient/ irregular supply of water / electricity the
Promoter shall not be held responsible for the same and the Allottee
hereby consents for any temporary arrangement that may be made in
the said interim period. The Allottee shall pay for the proportionate
charges as demanded, determined and decided by the promoter and
service tax (as applicable) thereon. Until receipt of this amount from
the Allottee, the Promoter shall be entitled to temporarily deduct any
dues of such proportion or entire charges payable by the Allottee
for the above from the outgoings/maintenance charges for which the
Allottee hereby gives his consent. The Promoter is entitled to
demand charges for such temporary arrangement in advance, for 12
months, before giving possession of the said Apartment.

xvii. The Promoter further specifically discloses that, in case of delay or


rejection for new separate water connection or improper/insufficient
water supply, the Promoter shall organize a survey at the said land
from an expert organization and shall construct bore wells, if possible,
and install pumps and lay down a water pipeline up to the storage
tanks provided and further from such storage tanks to each
apartment/flat in the various buildings.

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.

xix. Till a separate electric meter or a water meter is installed/allotted by


the MSECDL and any other authority, the allottee herein hereby agrees
to bear and pay punctually the amounts and charges of the common
electric and water meter and also the expenses for the maintenance of
the common areas and facilities in proportion to the area of his/her
Apartment.
28

RESTRICTED AREAS AND FACILITIES


49. The areas described in definition clause herein above state common
areas and facilities and which shall be for the more beneficial use and
enjoyment in common with other Allottee’s. The Allottee shall have no
exclusive claim whatsoever in the same including all lobbies, staircases,
lifts, which will always remain the property of the association and the
same shall be for the common use for of all the Apartment allottees.

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.

RIGHT OF ALLOTMENT OF CAR PARKING / GARAGES


54. It is hereby agreed that the Promoter has the exclusive right of
allotment of the different parking spaces or garages to one or more
person/s of their choice and such person/s may not be the Apartment
holders and realize sale and other proceeds there from to its benefits.
Covered / open Scooter and Car parks are not the common areas and
each car/scooter park will be allotted to specific Allottee/s by the
Promoter as per his choice and discretion.
55. The Allottee/s is given the right of exclusive use of one
stilt/podium/basement/ open car park and the Allottee/s also agrees
that if for any reason it be held that allotment of the Car Park herein to
the Allottee/s gets cancelled then the Allottee/s shall not be entitled to
ask for refund of any amount or compensation as price herein agreed is
only for the Apartment and allotment is made ex-gracia for beneficial
enjoyment of the same. The Allottee/s further agrees that he will not
challenge any allotment of any parking space made by the Promoter to
any other Allottee/s.

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
29

under Section 15 of The Real Estate Act, 2016.

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
30

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.

66. It is specifically agreed between the Promoter& Allottee/s that the


Allottee/s has absolute right on the said apartment. The Allottee/s has
limited/common rights on the amenities which are specifically
mentioned in the Frist Schedule of the said agreement. The Purchaser/s
can be granted limited/ common rights (if any) other than that as
mentioned in Frist Schedule as and when decided by the Promoter from
time to time.
31

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
32

72. If any provision of this Agreement shall be determined to be void or


unenforceable under the Act or the Rules and Regulations made
thereunder or under other applicable laws, such provisions of the
Agreement shall be deemed amended or deleted in so far as reasonably
inconsistent with the purpose of this Agreement and to the extent
necessary to conform to Act or the Rules and Regulations made
thereunder or the applicable law, as the case may be, and the remaining
provisions of this Agreement shall remain valid and enforceable as
applicable at the time of execution of this Agreement.
METHOD OF CALCULATION OF PROPORTIONATE SHARE
WHEREVER REFERRED TO IN THE AGREEMENT
73. Wherever in this Agreement it is stipulated that the Allottee has to
makeany payment, in common with other Allottee(s) in Project, the
same shall be in proportion to the carpet area of the Apartment to the
total carpet area of all the Apartments in the Project.
FURTHER ASSURANCES
74. Both Parties agree that they shall execute, acknowledge and deliver to
the other such instruments and take such other actions, in additions
to the instruments and actions specifically provided for herein, as may be
reasonably required in order to effectuate the provisions of this
Agreement or of any transaction contemplated herein or to confirm or
perfect any right to be created or transferred hereunder or pursuant
toany such transaction.
PLACE OF EXECUTION
75. The execution of this Agreement shall be complete only upon its
execution by the Promoter through its authorized signatory at the
Promoter’s Office, or at some other place, which may be mutually
agreed between the Promoter and the Allottee, in04 months after
the Agreement is duly executed by the Allottee and the Promoter or
simultaneously with the execution the said Agreement shall be
registered at the office of the Sub-Registrar. Hence this Agreement shall
be deemed to have been executed at PUNE.

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:

M/S. PANT SARATHI BUILDERS


Registered Partnership Firm,
Having its office at:- Survey No. 45/3/4,
Flat No. 108, Nirmay Residency, Narhe Road,
Narhe, Tal. Haveli, Dist. Pune – 411041.

Through its Partners,


1. MR. JAYESH DIGAMBAR RAVELEKAR
Age: 40 Years, Occupation:
33

Business,PAN NO.
R/at:- C/5, Shree Suvart Co. Op. Housing Society,
Bhave Wada, Thane – 400601.

2.MR.SACHIN DNYANOBA VIDHATE


Age: 38 Years, Occupation: Business,
PAN NO.
R/at:- Flat No. C - 1004, Survey No. 26/4/2,
Venkatesh Sharvil, Op. Pari Company, Dhayari, Pune – 411041.

FOR ALLOTEE:

MR. GOPALKRISHNA SHRIRAM DAHAD.


Age – 35 Years, Occupation – Service,
PAN No. AJQPD9880L.
Aadhar No. 333393480514.
R/at:-81/2A, Adarshnagar, Nr. Tambe classes,
New Sangvi, Pune 411027.

FOR OWNER/s:

MR. AJIT EKNATH NANEKAR


Age – 60 Years, Occupation –
Service,PAN NO. AJGPN7718P
Aadhar No.
R/at:- Gangotri Niwas, Above P.D.C.C. Bank,
Pimprigaon, Pune – 411017.

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.

STAMP DUTY AND REGISTRATION


80. The consideration of the said agreement between the Promoter and the
Allottee/s herein is as per the prevailing market rate in the subject
locality. This agreement is executed by the parties hereto under
the Maharashtra Ownership Flats Act, 1963, Maharashtra Apartment
Ownership Act, 1970 and The Real Estate (Regulation and
Development) Act, 2016 and the stamp duty for this transaction is
payable as per the Bombay Stamp Act, 1958, Schedule-1, Article 25 (d).
The parties hereto shall be entitled to get the aforesaid stamp duty,
adjusted, livable on the conveyance, which is to be executed by the
Promoter/Owners herein in favor of the Allottee/s herein. If any
additional stamp duty or other charges are required to be paid at the
time of conveyance the same shall be paid by the Allottee alone. In
case there is any requirement to pay any additional stamp duty either
34

at the time of registration of these presents or at the time of execution


and registration of Deed of Apartment or conveyance deed in favour
of apartment, the same shall be borne by the Allottee herein. In case
the Allottee failed to pay the same the Promoter and the third party
shall be under no liability to execute the Deed of
Apartment/conveyance and the Promoter/ Third Party shall be
absolved of all the liability as cast upon them under Maharashtra
Ownership of Flats Act. It is also agreed that in case there is any
increase in the registration charges the same shall be borne by the
Allottee herein.

1. The allottee herein has agreed to purchase the said Apartment as on


investor as laid down in Article 5(2) of the Bombay Stamp Act 1958 &
hence it is entitled to adjust the stamp duty to the agreement against
the duty payable to the agreement by the Allottee herein to the
subsequent Allottee as per provision of the said clause Article 5(2).

ARBITRATION & JURISDICTION


2. Any dispute between parties shall be settled amicably.
3. The parties hereby agree that in case the parties are unable to
resolveany disputes within themselves, then in the event of dispute by and
between the parties hereto in respect of interpretation of any of the
terms and conditions herein contained as also in respect of any matter
arising out of and/or touching upon these presents, and/or in regard
to the carrying out of this Agreement, the same shall be referred to for
Arbitration wherein both the parties have expressly and mutually
agreed to appoint a common arbitrator at the time of Dispute in
accordance with the provisions of the Arbitration and Reconciliation Act,
1996 and the decision of the Arbitrator shall be final and binding.

4. Further in case the dispute remains unresolved then in that case


Parties to this agreement submit to the exclusive jurisdiction of Real
Estate Regulatory Authority will have exclusive jurisdiction to try and
entertain the dispute.
GOVERNING LAW
5. That the rights and obligations of the parties under or arising out of this
Agreement shall be construed and enforced in accordance with the
laws of India for the time being in force and the Real Estate Regulatory
Authority will have the jurisdiction for this Agreement
WAIVER
6. Any delay tolerated or indulgence shown or omission on the part of the
Promoter in enforcing the terms of this Agreement, or any
forbearance or giving of time to the Allottee by the Promoter shall not
be construed as the waiver on the part of the Promoter of any breach or
non- compliance of any of the terms and conditions, by the Allottee
nor shallthe same in any manner prejudice the rights of the Promoter.
DECLARATION BY ALLOTTEE
7. The Allottee/s declares hereby that he/ she/ they has/ have read and
fully understood and agreed to the contents of this agreement and
thereafter the same has been executed by the Allottee/s.
INTERPRETATION:
8. The section headings in this Agreement are for convenient reference
only and shall be given no substantive or interpretive effect.
9. Use of singular shall include the plural and vice versa and any one
gender includes the other gender.
35

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.
36

( I ) SCHEDULE OF THE PROPERTY

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 is commonly bounded as under:-

On or Towards East -By Property of Survey No. 78/2 (P).

On or Towards South -By Property of Survey No. 78/3

On or Towards West -By Road.


On or Towards North -By Survey No. 78/1 (P).

(II) SCHEDULE OF THE TENAMENT

The Purchaser/s hereby agrees to purchase from the Developer


and the Developer hereby agrees to sell to the Purchaser/s

Flat No. - 102

FLOOR - Frist

Scheme/Project - SARATHI PRIDE

Carpet Area - 38.37Sq. Meters i.e. 413.00 Sq.fts.

Attached Terrace - 5.57 Sq. Meters i.e. 60.00 Sq.fts.

Alongwith O n e A l l o t t e d Covered Parking N o . 1 0 2


37

IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE


UNTO SET AND SUBSCRIBED THEIR RESPECTIVE HANDS AND
SEALS ON THE DAY, MONTH AND THE YEARS HEREIN ABOVE
WRITTEN.

PHOTO Left Hand SIGNED, SEALED AND DELIVERED BY


Thumb THE WITHIN NAMED FOR OWNERS
Impression HEREIN

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

WITNESS NO. 01; WITNESS NO. 02;


Sign Sign
Mr. ……………………………………… Mr. ………………………………..
R/at: …………………………………… R/at:………………………………
38

FIRST SCHEDULE ABOVE REFERRED TO


COMMON AREAS AND FACILITIES

a. COMMON AREAS

i. The land under the buildings.


ii. The footings, RCC structures and main walls of the buildings.
iii. Staircase, columns and lift as with lift room
in/on/above thebuilding/s.
iv. Common sewage/Drainage, Water, Electrical Lines, Power
Backup.
v. Common ground water storage tank and overhead tank.
vi. Electrical meters, wiring connected to common lights, lifts,
pumps, solar water heating system, water recycle system,
garbage chutes, all types of pumps, fire fighting system.

b. LIMITED COMMON AREAS AND FACILITIES:

i. Partition walls between the two tenements/flats/units shall


be limited common property of the said two
tenements/flats/units.
ii. The parking areas on/under stilts/ marginal open spaces/
side margins/podium/ basements and portions thereof may
be allotted for exclusive use of the specific
tenements/flats/units by the Promoter as per his
discretion or retained by it.
iii. Other exclusive and limited common area and facilities as
mentioned in the agreement.
iv. All areas which are not covered under aforesaid head
common areas and facilities are restricted areas and
facilities.
v. Land around building and open areas.
vi. Terrace on the top of Building including the self-contained lift
room
vii. Passage leading to top terrace from the last floor.
39

ANNEXURE-A
[CERTIFICATE OF TITLE]

CERTIFICATE

On the basis of inspection of Index Registers, loose sheets, computer


search and the documents placed before me, I can say that there is no mortgage,
charge, lien or any encumbrance on the properties described in para 2above.

I further say that during the course of inspection of Index Registers, as


aforesaid, I did not come across with any entry creating any right, title or
interestadverse to that of the present owner and that of the lease right holder.

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
40

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.
41

12) YOUR CONVEYANCES:


Letter Box and Name Board in Ground Floor
Lobby.Exclusive Car Parking Area.
Street Light.

13) LIFESTYLE AMENITES:


Common Security With CCTV
Camera.Well Marked Internal Road.
Water Purifier Provision For Each Flat.
24 X 7 Security.

14) CARE FOR


ENVIRONMENT: Solar Water
Heating System
Rain Water
HarvestingTree
Plantations
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