TRANSFER OF TENANCY AGREEMENT

This TRANSFER OF TENANCY AGREEMENT (the Present Agreement) is made at Mumbai on this ______day of April 2024.

BETWEEN

Smt. Saroj Kirti Kanther, aged _____ years Indian Inhabitant having her address at _________________________________________, hereinafter referred to as “The Outgoing

Tenant” (which expression shall, unless contrary to the context or meaning thereof, mean and include her heirs, legal representative, executors and administrators) OF THE

FIRST PART,

AND

Shri. Amritlal T. Jain, aged years Indian Inhabitant having his address at 801, Angelica Mahindra Eminente, S. V. Road, Goregoan West, Near Patkar College, Mumbai – 400

062, hereinafter referred to as "The Incoming Tenant" (which expression shall, unless contrary to the context or meaning thereof, mean and include his heirs, legal

representative, executors and administrators) OF THE SECOND PART;

AND

Messrs Rajputana Residency LLP, through it's authorized partner Shri Pravesh Kirti Kanther, aged _____ years, Indian Inhabitant having address at 221/1, Jawahar Nagar,

Road no.11, Goregaon West, Mumbai - 400 062, hereinafter referred to as "The Confirming Party" (which expression shall, unless contrary to the context or meaning thereof,

mean and include respective heirs and legal representative of partners, their executors, administrators and assigns) OF THE THIRD PART;

WHEREAS, The Confirming Party are the Landlord/Owner/Developer in respect to ALL the piece or parcel of lease hold land or ground situated lying and being at Plot No.

221 in Jawahar Nagar Co-Op.Hsg. Society Limited admeasuring 700sq. yards or thereabout and as per P. R. Cards admeasuring 585sq. mtrs. bearing Survey No. 105 to 110, 14

and 147 and bearing C.T.S. No. 555, 555/1 and 555/2 of village Pahadi Goregaon (W), at Road no.11, Jawahar Nagar, Goregaon West, Mumbai – 400104, and together with the

building standing thereon and known as "Rajputana Residency" (hereinafter referred to as ‘the said property’) more particularly mentioned in the First schedule herein below.

WHEREAS, The said property was in a dilapidated condition and was declared as dangerous for habitation. The Municipal Corporation of Greater Mumbai (MCGM) declared

the said building as unsafe and under provisions of u/s. 354 of the Mumbai Municipal Corporation Act, 1888, demolished/pulled down the said Rajputana Residency Building

on 31/01/2019.

WHEREAS, The Outgoing Tenant is the existing tenant of The Confirming Party in respect to a residential room being Room No. 1A admeasuring about 318 sq. ft. carpet area

including balcony/otlas, situated in the said property (hererinafter referred to as ‘the said Tenanted Premises’), more particularly mentioned in the Second Schedule herein

below.

WHEREAS, At the time of demolishing the said Building the MCGM officials had carried out the survey of the entire building and measured the said Tenanted Premises along

with the adjoining tenanted premises being Room no. 1B in presence of the Outgoing Tenant herein. As per the joint measurement the area of the Tenanted Premises along with

room no.1B was 59.06 sq. mts (equivalent to 636 sq.fts.); and the same is accepted by the Outgoing Tenant as true and correct and the Outgoing Tenant undertakes not to

challange the same at anytime in the future.

WHEREAS, At the time of demolition of the said Building the Outgoing Tenant had given her consent for the redevelopment of the said Plot of Land under the provisions of

Development Control Promotion and Regulations 2034, applicable to the Mumbai city and suburbs.

WHEREAS, As per the prevailing Development Control and Promotion Regulations 2034 (DCPR 2034), the Confirming Party is entitled to redevelop said property by

constructing a new building thereon. Accordingly, the Confirming Party has initiated the process for the redevelopment of the said Property by constructing a new building

thereon under applicable development control regulations including DC Rule 33(11).

WHEREAS, The Outgoing Tenant has surrendered her tenancy rights in respect of the said Tenanted Premises and in lieu thereof the Confriming Party has agreed to provide to

the Outgoing Tenant, free of cost, as Permanent Alternative Accommodation (PAAA), one residential Flat on ownership basis admeasuring about _______ sq. fts; RERA Carpet

inclusive of fungible area (as may be permissible and/or approved by SRA) in the proposed new building on certain mutually agreed terms and conditions, more particularly

mentioned in the Third Schedule hereinbelow.

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WHEREAS, The Confirming Party and The Outgoing Tenant have executed a duly Registered Agreement for Permanent Alternate Accommodation dated 30 November,

2022 before the Sub-Registrar of Assurances, bearing Registration no.BRL-6/24108/2022, (hereinafter referred to as ‘the said agreement’) on certain terms and conditions. The

said Agreement is annexed to the Present Agreement as “Annexure – A”.

WHEREAS, The Incoming Tenant has approached The Outgoing Tenant with a request to transfer her tenancy rights in resepct to the said Room Premises in his favour for a

total considersation of Rs.______/- (Rupees _______________________ only).

WHEREAS, The Outgoing Tenant has accepted the request of the Incoming Tenant and the Confirming Party has consented for such transfer of tenancy Rights in favour of The

Incoming Tenant.

WHEREAS, The Confirming Party hereby represented to the Incoming Tenant that the proposed new building shall consist of Shops/car parking on the ground floor and

residential flats on the upper floors. The Confriming Party has offered to the Outgoing Tenant that in lieu of surrender of tenancy rights in respect of the said Tenanted

Premises, the Confriming Party shall provide a new flat, free of cost, and the balance area in the building (popularly known as “Sale component”) shall either be retained by the

Confriming Party or they would sell it to the prospective purchasers.

WHEREAS, Upon execution of the present Agreement, the recitals and the terms & conditions of the Present Agreement between the parties herein and the one executed

between The Confirming Party and The Outgoing Tenant as stipulated in the said agreement dated 30/11/2022, shall become binding on the Incoming Tenant.

NOW IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:-

1. The recitals herein above including the Agreement for Permanent Alternate Accommodation dated 30/11/2022 are an integral and operative part of the Present Agreement.

2. The Confirming Party herein has agreed to give their consent for the transfer of tenancy in respect to the Tenanted Premises from the Outgoing Tenant to the Incoming

Tenant by execution of the Present Agreement.

3. It is agreed upon by the parties herein that in lieu of said Tenanted Premises admeasuring 318 sq.ft carpet area and execution of the said Agreement dated

30/11/2022, the Incoming tenant shall now be entitled to one residential Flat admeasuring about _______ sq. fts; RERA Carpet including fungible area (as may be permissible

and/or approved by SRA) in the proposed new building in lieu of said tenanted premises being Room No.1A on the Ground Floor of the old building Rajputana Residency

(hereinafter referred to as "the said New Flat").

4. The Incoming Tenant has paid an amount of Rs._________/- (Rupees __________ only) to the Outgoing Tenant as the total consideration for the transfer of

tenancy rights concerning the Tenanted Premises in his favor. The Outgoing Tenant whereof has acknowledged the receipt of the said payment.

5. The Confirming Party hereby informs the Incoming Tenant that the proposed new building shall be a multi storey building and it would require minimum 30 months from

the date of receipt of First Commencement Certificate for completing the construction and obtaining Occupation Certificate from the competent authority. The said period shall

be extended for a further period of 6 months due to any force majeure events, recorded in this agreement

6. It is agreed between the parties that the Tenancy Rights in respect of the Tenanted Premises would remain in force until the possession of the said New Flat in the proposed

new building is handed over to the Incoming Tenant. It is also agreed that simultaneously upon handing over of the possession of the new Flat, the said tenancy rights would

merged and get converted into ownership rights.

7. The Incoming Tenant hereby also agree and confirm that in addition to this agreement, they would sign and execute all necessary supplementary agreements, deeds,

documents, affidavits, declaration, NOCS and every other documents required for the proposed redevelopment and undertakes to give the same within 7 days of the written

request made by the Confirming Party. The Incoming Tenant further undertakes that he would not do any act or deed by which the proposed redevelopment would in any

way be adversely affected or the completion of building is delayed as long as his interest is protected.
8. The Incoming Tenant hereby undertakes, accepts and confirms that during the entire redevelopment period and until the receipt of physical possession of the said New Flat

from the Confirming Party, he would not be allowed, either directly or indirectly, in any manner whatsoever to sell, transfer, assign or create any third party rights of any

nature whatsoever in respect of her tenancy rights and/or in respect of the said New Flat. If any such rights are created by her , the same shall not be binding upon the

Confirming Party their successors/assigns.

9. The Incoming Tenant hereby agree that in the event, if for any financial exigency or for any other reasons beyond her control, if he would be forced to sell, transfer, assign her

right, title and interest in the tenancy rights or in the said New Flat, in that event he would surrender the same to the Confirming Party and he cannot sell transfer, assign the

same to any third party, including any other tenant of the building. It is further agreed that in case of such surrender the Confirming Party shall pay the consideration to the

Incoming Tenant as per their mutual understanding at that material time.

10. The Incoming Tenant is aware that considering the size of her flat, the Confirming Party is not required to provide any mandatory car parking space to him. The Incoming

Tenant hereby unconditionally undertakes that he would not raise any objection in Confirming Party providing parking spaces to prospective new flat purchasers and shall

also not take any objection with respect to the allotment of such parking spaces.

11. The Incoming Tenant hereby undertakes and covenant as under,

a. To become the member of a co-operative housing society/company/condominium that would be formed by the Confirming Party as a Promoter and follow and abide by the

rules and regulations of such organization.

b. To pay necessary entrance fees, share money, formation charges and other related costs.

c. To regularly pay maintenance charges, property tax, water charges and/or any other charges levied by such organization..

d. To follow the rules, regulations and bye laws of such organization.

12. The Confirming Party hereby informs the Incoming Tenant that while preparing the building plan they have utilized appropriate Fungible Floor Space Index (FSI) eligible

for the said Tenanted Premises. The Incoming Tenant has confirmed that he has no objection to the same. It is agreed by the Confirming Party that in the event, if in future, the

Confirming Party utilizes Incoming Tenant's share of fungible area, in that event they would provide proportionate additional area to the Incoming Tenant as per their mutual

understanding,

13. The parties hereby agree that following events shall be considered as a force majeure event and any delay caused due to such event shall be excluded for counting the

construction period of 30 months agreed herein;

a. Non-availability/scarcity/shortage of steel, cement, water or other building material,

b. Non-availability/scarcity/shortage of skilled, semiskilled, unskilled workers,

c. Inordinate delay on part of the concerned authority in granting statutory permission, approval, sanction, license etc. due to change in policy or injunction order pronounced

by the competent Court of Law

d. war, civil commotion or act of God, all other perils as are covered by the Standard Fire Insurance Policy as approved by Insurance Regulatory and Development authority of

India,

e. any notice, order, rule, notification of the government or other public, judicial or competent authority which directly prevents the Confirming Party from the construction of

the said new building. The said notice, order, rule by the judicial or competent authority should not have been issued arising out of non-compliance of the rules and regulations

of the competent authority by the Confirming Party.

f. Pandemic or Epidemic and due to which any lock down declared by the government or which imposes restrictions on execution of work or due to which access to various

services, required to complete the construction, would not be available.

The Incoming Tenant hereby agrees that in any of the above events the period of possession would automatically stand extended by such period.

14. The Incoming Tenant hereby undertakes that he would always use the New Flat for her residential purpose only, for which it would be allotted, and he would not change

the usage without obtaining prior written permission from the competent authorities. The Incoming Tenant undertakes that he would not do any act or thing which would

create a nuisance to her neighbor or any other member/purchaser of the building.

15. The carpet area promised and agreed herein is ____ sq. fts. (RERA Carpet) inclusive of fungible area (as may be permissible and/or approved by SRA). The parties hereby

mutually agree that any variation in the carpet area up to 2% +/- would be accepted by either of the parties. In case of any reduction beyond 2%, the Confirming Party would

be liable to compensate the Incoming Tenant by paying for such short area beyond 2%, the prevailing market rate.. The Confirming Party also agrees to pay the compensation

simultaneously at the time of handing over the physical possession.

16. The Incoming Tenant hereby agrees and accepts that he would be liable to bear and pay the proportionate share of all outgoings including maintenance, property tax, water

charges etc. in respect of the said New Flat and he undertakes to pay the same without any default.

17. The Incoming Tenant hereby binds himself and all persons claiming through and under him, including his successors-in-title and doth hereby covenant with Confirming

Party as under,

(a) To maintain the said New Flat, at his cost, in good and tenantable repair and condition and shall neither do nor allow or suffer to be done anything in the staircase area or

any common passage area of the building or any part of the building in which the said New Flat would be situated, which may be against the rules, regulations, or bye- laws of

the society/organization, concerned local or any other authority.

(b) Not to carry out additions and alterations of permanent nature to the structure of the new flat in the building proposed to be constructed.

(c) Not to store in the said premises any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the

building or storing of which goods is prohibited by the concerned local or other authorities. He shall not carry or cause to be carried heavy packages to upper floors which may

damage or are likely to damage the staircase, common passage or lift or any other structure of the buildings including entrance lobby of the building and in case of any

damages caused to the building on account of his negligence or default, he shall be liable to pay or make good the damages incurred.

(d) To carry out at his own cost, all internal repairs to the said New Flat and maintain it in the same condition, state and order in which it would be delivered by the Confirming

Party and while carrying any tenantable repair he shall not do or allow anything which may be forbidden by the rules and regulations and byelaws of the concerned local

authority or other public authority which may endanger the premises above or below the said New Flat. In the event he commits any act in contravention of the above

provisions he shall be responsible and liable for the consequences thereof to the concerned local authority and/or public authority.

(e) Not to carry out any work which would be in the nature of structural alteration, which is prohibited under law and/or which would damage the building at large or to any

part of the proposed new building.

(f) Not to put up any construction, railings, weather sheds, permanent additional alteration, furniture etc., and which shall amount to encroachment of the area beyond the

carpet area agreed to be allotted to her under this agreement.

(g) Pay to the Confirming Party within 7 days of demand, his share of maintenance charges and municipal taxes.

(h) He shall not enclose any chhaja verandahs/flower bed/dry balconies and/or void spaces of the said New Flat and change the external elevation or color scheme of the said

building/premises or change the safety Grills /railing design.

18. It is expressly agreed by the Incoming Tenant that his rights in the said Property are limited to the extent of her tenanted Premises and nothing more. Under no

circumstances the Incoming Tenant would ever oppose or challenge any of the decisions or actions of the Confirming Party in the proposed redevelopment. The Confirming

Party hereby agrees that no amendments/changes in the proposed building plans or the scheme of redevelopment shall be done which would prejudicially affect the interest of

the Incoming Tenant in terms of new area, alongwith all other benefits as agreed to be provided to the Incoming Tenant hereunder.

19. The Tenant hereby accepts and confirms that the Confirming Party shall be free to redevelop the said property either individually or jointly with any other person as a Joint

Venture Partner or a Partner or can grant development rights to any other person. The consent given hereby is irrevocable and shall be binding on to the Incoming Tenant.

However, it is expressly agreed by the Confirming Party that under any form of redevelopment the consent shall be valid if the rights of the Incoming Tenant, as recorded

herein, are not prejudicially affected and the completion period of 30 months is not extended.

20. All out of pocket costs, charges and expenses including the stamp duty, registration charges of and incidental on this agreement shall be borne and paid by the Incoming

Tenant. Any other Government taxes / Development charges by competent authorities, GST or any other tax if payable for the said New Flat shall be borne and paid by

Incoming Tenant.
21. The Present Agreement shall be presented for the registration before the Sub-registrar of assurances within 4 months from the date of execution of the Present Agreement.

The parties herein shall appear before the Sub- Registrar of Assurances for admitting execution and registration of this agreement as and when called for by the Incoming

Tenant.

22. All notices to be served on the Confirming Party and the Incoming Tenant as contemplated by this Agreement shall be deemed to have been duly served if sent to the

Incoming Tenant by Registered Post A.D. at the address specified below;

To the Confirming Party at:

Messrs Rajputana Residency LLP,

Shop nos 1, 2 & 3, Samarth Complex;

Opp. Mahanagar Palika Baazar,

Goregaon Station Road,

Goregaon (West),

Mumbai-400104.

To the Incoming Tenant

_____________________

23. The Incoming Tenant hereby declares that the contents of the Present Agreement and the said Agreement dated 30/11/2022 are explained to him in _________Language,

which he understands better, and after fully understanding all the terms and conditions of both the agreements he has signed the same. The Incoming Tenant further confirms

that the declaration, assurances, undertakings, covenants and promises given by him in this agreement will be binding on to his legal heirs, executors, administrators and

assigns.

24. The Incoming Tenant has appointed Nominee and requested the Confirming Party that in an unfortunate event of his death prior to taking over the physical possession of

the New Flat, the Confirming Party should handover possession of the said New Flat to the said Nominee and it would be due discharge of obligation of the Confirming Party

under this agreement. The Incoming Tenant further confirms that in such an event the Confirming Party shall not be liable and responsible for any other obligation under any

other law. The Incoming Tenant further confirms that he has intimated the appointment of ______ as his Nominee and has obtained his/her/their consent for the same.

25. The Court of Mumbai shall have exclusive jurisdiction over any dispute arising between the Parties under this Agreement.

26. This Agreement may be modified or amended only by writing making specific reference to this Agreement by or on behalf of the both the parties

27. If any provision of this Agreement is declared to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect

THE FIRST SCHEDULE ABOVE REFERRED TO

ALL the piece or parcel of lease hold land or ground situated lying and being at Plot No. 221 in Jawahar Nagar Co-Op.Hsg. Society Limited admeasuring 700sq. yards or

thereabout and as per P. R. Cards admeasuring 585sq. mtrs. bearing Survey No. 105 to 110, 14 and 147 and bearing C.T.S. No. 555, 555/1 and 555/2 of village Pahadi Goregaon

(W), at Goregaon (W) and together with the building standing thereon and known as "Rajputana Residency" The land is bounded as follows:

On or towards the east : Road no.11,

On or towards the west: Plot no. 220, Jawahar Nagar C.H.S.L

On or towards the North: 7.62 mt (25'-0") wide road no.14

On or towards the South: Plot no. 234, Jawahar Nagar C.H.S.L

THE SECOND SCHEDULE ABOVE REFERRED TO

Room/Flat No.1A of carpet area admeasuring 318 sq. fts. on the ground floor of the old building known as "RAJPUTANA RESIDENCY", situated at Plot No. 221, Road No. 1,

Jawahar Nagar, Mumbai – 400 062

THE THIRD SCHEDULE ABOVE REFERRED TO:

A residential flat admeasuring about ______ RERA Carpet inclusive of the fungible area in the proposed new building to be constructed on, all the piece or parcel of lease hold

land or ground situated lying and being at Plot No. 221 in Jawahar Nagar Co-Op.Hsg. Society Limited admeasuring 700sq. yards or thereabout and as per P. R. Cards

admeasuring 585sq. mtrs. bearing Survey No. 105 to 110, 14 and 147 and bearing C.T.S. No. 555, 555/1 and 555/2 of village Pahadi Goregaon (W), at Road no.11, Jawahar

Nagar, Goregaon West, Mumbai – 400104.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE PUT THEIR RESPECTIVE HANDS AND THE SEAL ON THE DAY AND YEAR FIRST HEREIN ABOVE

MENTIONED.

SIGNED, SEALED AND DELIVERED )

BY THE WITHINNAMED )

“OUTGOING TENANT” )

SMT. SAROJ KIRTI KANTHER )

in the presence of...... )

Witnesses:

1.

2.

SIGNED, SEALED AND DELIVERED )

BY THE WITHINNAMED )

“INCOMING TENANT” )

SHRI AMRITLAL T. JAIN )

in the presence of...... )

Witnesses:

1.

2.

SIGNED, SEALED AND DELIVERED )

BY THE WITHINNAMED )

"CONFIRMING PARTY" )

M/S RAJPUTANA RESIDENCY LLP )

Through it's authorized partner )

MR. PRAVESH KIRTI KANTHER )

Witnesses: 1 & 2