1

AGREEMENT OF SALE

THIS AGREEMENT OF SALE IS MADE AND EXECUTED ON THIS THE

TWENTY THIRD DAY OF DECEMBER, YEAR TWO THOUSAND TWENTY-
THREE (23/12/2023) AT BENGALURU:

BY:

1. MR. HARIRAM DAYANAND,

Aged about 36 years,
S/o. Mr. Dayananda Sagar,
PAN: AEHPH0642C
AADHAAR NO. 3227 7159 8769

2. MRS. R MEGHANA REDDY

Aged about 29 years,
W/o. Mr. Hariram Dayanand,
PAN. CJEPR1745L
AADHAAR NO, 4463 7950 1119

Both are residing at,

No. 741, 21st Cross,
8th B' Main 7th Sector,
HSR layout,Bangalore - 560102.

Hereinafter called the "SELLER" (which expression wherever it so requires shall

mean and include his/her legal heirs, legal representatives, administrators,
executors and assignees etc.,) OF THE ONE PART:

: IN FAVOUR OF:

1) Mr. Mohammad Jawed,

Aged about 38 years,
S/o. Mohammad Nizamuddin,
PAN:
AADHAAR NO.

2) Mrs. Arfa Jamil,

Aged about years,
W/o. Mohammad Jawed,
PAN:
AADHAAR NO.
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Residing at;
Peela Makan, Baghmalu Kha, Mangal Talab, Near Khan
Kha, Patna City-800008.

Hereinafter referred to as “PURCHASER/S” (Which expression wherever it so

requires shall mean and include all his/her/their legal heirs, legal representatives,
administrators, executors and assignees etc.,) of the OTHER PART:

WITNESSETH :

WHEREAS, the Seller represent that he/she are the full and absolute owner by title
and in actual possession and enjoyment of all that Residential Apartment bearing
No. 2203 of Twenty Second Floor of Block-1 of Tower-A in the residential
project known as “CANDEUR SIGNATURE” constructed on the property bearing
Survey No.219/1 measuring 3353 Square Feet, Survey No. 226/1 measuring 16553
Square Feet, Survey No.219/6A measuring 2 Acres 17 Guntas, Survey Number
224/2 measuring 3 Acres 3 Guntas, Survey No.227/1 measuring 3 Acres 5 Guntas,
Survey No. 219/6B measuring 2 Acres 17 Guntas, situated at Gunjur Village, Varthur
Hobli, Bangalore East Taluk (previously Bangalore South Taluk), Bangalore Urban
District, presently bearing amalgamated Khatha No. Sl.No.1736, Sy.No.219/6B, 219/1,
219/2, 226/1, 219/6A, 224/2, 227/1 Muncipal No. 307 in the record of Bruhat
Bangalore Mahanagara Palike(BBMP), which is morefully described in the Schedule
‘A’ hereunder and hereinafter referred to as the SCHEDULE ‘A’ PROPERTY having
313.56 Sq. Ft. of Undivided Share in the land comprised in the Schedule ‘A’ Property
which is morefully described in the Schedule ‘B’ hereunder and hereinafter referred
to as the SCHEDULE ‘B’ PROPERTY with a Super Built Up Area of 1195 Square
Feet which is morefully described in the Schedule ‘C’ hereunder and hereinafter
referred to as the SCHEDULE ‘C’ PROPERTY, acquire the same through a Partition
Deed dated:21.08.2023, registered as Document No.VRT-1-05563-2023-24 of Book
No.I, registered in the office of the Senior Sub-Registrar, Varthur, Bangalore Urban
District. Ever since from the date of registration the Seller is in peaceful possession
and enjoyment of the same without any let or hindrance from any quarter
whatsoever by exercising all rights of ownership.

WHEREAS, the entire Schedule ‘A’ Property will be jointly owned and held by the
owners of the apartments in “CANDEUR SIGNATURE” each of them having a
definite undivided share in the Schedule ‘A’ Property and absolute ownership to the
respective apartments with the right to use all the common amenities, areas and
facilities like staircases, lobbies, passages, common, access, roads etc., within the
Schedule ‘A’ Property and have rights and obligations/s which has been clearly
enumerated in the Schedule ‘E and F’ Property. The Purchaser/s shall strictly
observe and perform the terms and conditions and bye-laws and rules and
regulations/restrictions that may be generally/specifically imposed/prescribed by
the Owners’ Association periodically for the maintenance of all common areas and
facilities in “CANDEUR SIGNATURE”.
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WHEREAS, the Sellers are fully seized and possessed of the Schedule ‘B’ & ‘C’
Property with full power and authority to sell or otherwise dispose off the same in
favour of any person of their choice. And whereas the Sellers have decided to
dispose off the Schedule ‘B’ & ‘C’ Property to make other investments and for their
basic family necessaries, hence desirous of disposing off the same by making the
following representations.

(a) that the Sellers are the sole and absolute owners of the Schedule ‘B’ & ‘C’
Property and their title to the Schedule ‘B’ & ‘C’ Property is good, marketable
and subsisting and that none else have any right, title, interest or share therein
and that cost of good title shall be that of Sellers at all times and the Schedule
‘B’ & ‘C’ Property is free from encumbrances and claims including all claims
by way of sale, exchange, mortgage, gift, inheritance, trust, possession,
easement, lien or otherwise;

(b) that the Sellers have not entered into any agreement or arrangement for sale
of the Schedule ‘B’ & ‘C’ Property with anyone else and have not executed
any Power of Attorney to deal with the Schedule ‘B’ & ‘C’ Property;

(c) that the Schedule ‘B’ & ‘C’ Property are not subject matter of any proceedings
and the same is not attached or sold or sought to be sold in whole or in
portions in any Court or other Civil or Revenue or other proceedings and not
subject to any attachment by the process of the Courts or in the possession or
custody by any Receiver, Judicial or Revenue Court or any Officer thereof;

(d) that Sellers do not have any pending liabilities with regard to income tax,
wealth tax, gift tax or any other tax which would affect the title;

(e) that there are no easements, quasi-easements, restrictive covenants or other

rights or servitudes;

WHEREAS by making the aforesaid representation Sellers offered to sell the

Schedule ‘B’ and ‘C’ Property and the Purchaser herein who has come to know of the
Sellers intention to sell the Schedule ‘B’ and ‘C’ Property has approached the Sellers
and offered to purchase the Schedule ‘B’ and ‘C’ Property.

WHEREAS, the Sellers have hence offered to sell the Schedule ‘B’ and ‘C’ Property
described in Schedule herein for a sum of Rs. 94,40,000/- (Rupees Ninety Four
Lakhs Forty Thousand Only) free from all encumbrances and the Purchaser herein
has agreed to purchase the Schedule ‘B’ and ‘C’ Property for the said sum of Rs.
94,40,000/- (Rupees Ninety Four Lakhs Forty Thousand Only) free from all
encumbrances.
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WHEREAS, the parties hereto discussed the terms and conditions relating to sale
and purchase of the Schedule ‘B’ and ‘C’ Property as hereunder and are entering into
this Agreement to Sell.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS

FOLLOWS:

That in pursuance of the aforesaid Agreement and in consideration of the mutual

obligation undertaken by the parties hereto, the Sellers will sell and the Purchaser
shall purchase all that the Schedule ‘B’ & ‘C’ Property for the aforesaid sum free
from all encumbrances, mortgages, litigations, charges, maintenance charges, claims
and demands, court attachments, departmental and governmental proceedings and
acquisitions, etc., subject to the following terms and conditions:

1. PERIOD FOR COMPLETION OF SALE :

The sale of the Schedule ‘B’ & ‘C’ Property shall be completed within 90 days
from the date of execution of this Sale Agreement.

2. TITLE :

The Sellers have this day delivered to the Purchaser Xerox copies of title deeds
available with them in respect of Schedule ‘B’ & ‘C’ Property and agree to furnish
such other relevant documents as may be required and answer all reasonable
requests to be made on title of the Sellers to the Schedule ‘B’ & ‘C’ Property and
the sale of the Schedule ‘B’ & ‘C’ Property shall be subject to marketability of title.
The Original Title Deeds shall be delivered to the Purchaser at the time of sale.

3. SPECIFIC PERFORMANCE :

Either party shall be entitled to enforce specific performance of this contract at

the cost of the defaulting party and claim damages, if any.

4. PROPERTY TAXES :

The Sellers will pay all outgoings and other charges, taxes, etc., in respect of the
Schedule ‘B’ & ‘C’ Property up to date of sale and the Purchaser shall be liable to
pay all the taxes from the date of registration.

5. STAMP DUTY AND REGISTRATION FEE :

The Purchaser shall bear and pay the cost of non-judicial stamp papers,
registration fee and all other expenses including the legal fee for registration of
the Sale Deed.

6. POSSESSION :
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The Sellers shall deliver the actual, physical, vacant possession of the Schedule ‘B’
& ‘C’ Property to the Purchaser after the receipt of full and final payment
towards the sale on the day of registration as mentioned in the Schedule ‘D’
herein. The Sellers will hand over all relevant property documents in original, tax
receipts, bills, challans, in respect of the Schedule ‘B’ & ‘C’ Property from their
possession to the Purchaser. The Sellers must facilitate the Purchaser to take
possession of the apartment/Flat anytime upon the registration.

7. ASSIGNMENT:

a) The Purchaser has the full power or authority to transfer or assign its rights under
this agreement to anyone at its discretion. The Vendor shall facilitate the Purchaser
and sign any documents as required by the Purchaser including Causing the new
buyer(s) to execute Assignment Deeds or fresh Sale Agreement/Deeds with the
Vendor/Purchaser. And the transferee shall undertake to be bound by the terms of
this Agreement.

b) The Parties agree that against the said payment the Vendor shall execute and
register one or more sale deeds in respect to the respective individual flats of the
Schedule B Property in accordance with law in favour of the Purchaser or its
Nominee/s for the whole or any part of the Schedule B Property as the Purchaser
may notify the Vendor in this behalf and admit execution thereof before the Sub-
Registrar of Assurance and also simultaneously deliver vacant possession of the
respective individual flats as mentioned in the Schedule B Property to the Purchaser
or its nominee/s together with all title deeds and other documents relating to the
Schedule B Property in original. The Vendor therefore confirms that the possession
of the Schedule B Property is not delivered to the Purchaser under this Agreement.

8. SELLER’S COVENANT:

That during the tenure of this Agreement to Sell, the Sellers shall not deal with
the Schedule ‘B’ & ‘C’ Property or their possession or their title deeds in any
manner prejudicial to the interest of the Purchaser and on the other hand they
shall keep their title and possession and the title deeds intact with them and shall
not encumber the Schedule ‘B’ & ‘C’ Property or execute any Power of Attorney
empowering any person to deal with the Schedule ‘B’ & ‘C’ Property which
affects the rights of the Purchaser.

9. ADDITIONAL COVENANT :

a. If the Sellers fails to sell the Schedule ‘B’ & ‘C’ Property in favor of the
Purchaser or any of his/her/ their nominee(s) the Sellers shall refund the
advance amount received by them under this Agreement from the Purchaser
along with 18% interest P.A. as liquidated damages and this Agreement shall
stands cancelled on refund.
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b. If the Purchaser fail to purchase the Schedule ‘B’ & ‘C’ Property even after the
Sellers establishing their clear and marketable title over the Schedule ‘B’ & ‘C’
Property, the Sellers shall refund the advance amount received by them under
this Agreement from the Purchaser/s after deducting with 18% interest P.A.
as liquidated damages and this Agreement shall stands cancelled on refund.
c. The Sellers hereby agrees that they shall at all times hereinafter fully
indemnify and keep the Purchaser/s indemnified against any loss, damage,
costs, charges if any suffered by the Purchaser/s by reason of any kind of
defect in the right, title or interest of the Sellers or in their possession and
enjoyment of the Schedule ‘B’ & ‘C’ Property till date or for breach of any of
the covenants herein contained.
d. The Sellers have further assured the Purchaser/s that if there were to be any
claim on the Schedule ‘B’ & ‘C’ Property by any person, they shall at their
own cost and risk, clear and settle all such claims before the final settlement of
the accounts pertaining to the sale transaction agreed to herein.
e. The parties shall submit the Schedule ‘C’ Apartment to the provisions of
Karnataka Apartment Ownership Act & other acts and rules in force.
f. In the event of any disputes between the parties hereto the same shall be
settled through arbitration according to Indian Arbitration and Conciliation
Act in force. Courts at Bangalore shall alone have jurisdiction.

10. CUSTODY :

The Original of this Agreement shall be with the Purchaser and the duplicate
thereof with the Sellers.

11. In the course of ownership and enjoyment of the built areas in the SCHEDULE B
PROPERTY, each of the parties herein and future owner of the same shall have the
rights and obligations and restrictions of the rights and other covenants that are
specifically agreed under Deed of Conveyance/ Agreement of sale and the Sale
Deed that may be executed in favour of the respective purchaser of the Apartments.

12. The Purchaser is hereby authorized to offer the Schedule B Property to

potential buyers on the terms and conditions as stipulated and agreed between the
parties.

13. Each party covenants with the other that they have not done any act, deed or
things thereby preventing each other from conveying and releasing their respective
entitlements.

14. The Vendor irrevocably and unconditionally indemnifies the Purchaser from
and against all liability, loss, harm, damage, cost or expense(including Legal fees on
an indemnity basis) that the Purchaser may suffer, incur or sustain as a result of any
suit, Claim or demand or the activities of the Vendor in performing its duties or
obligations under or by virtue of this agreement, except to the extent that such
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liability, loss, harm, damage, cost or expense arose directly from the Purchaser’s
willful misconduct ,bad faith or negligence.

15. The Purchaser irrevocably and unconditionally indemnifies the Vendor from
and against all liability, loss, harm, damage, cost or expense(including Legal fees on
an indemnity basis) that the Vendor may suffer, incur or sustain as a result of any
suit, Claim or demand or the activities of the Purchaser in performing its duties or
obligations under or by virtue of this agreement, except to the extent that such
liability, loss, harm, damage, cost or expense arose directly from the Vendor’s willful
misconduct ,bad faith or negligence.

16. The Possession of Schedule Property will be delivered only after the
registration of Sale Deed.

17. All letters, receipts or notices issued by the Vendor dispatched under
Registered Post Acknowledgement due to the address of the Purchaser/s given in
this Agreement will be sufficient proof of service thereof on the Purchaser/s and
shall effectually discharge the Vendor from the obligations to issue any further
notice. Further, in case of any change of address of the Purchaser/s, the Purchaser/s
shall inform/notify the Vendor well in Advance and shall obtain proper
acknowledgment for such notice.

18. In the event of any provision of this Agreement being declared by any
legislature, judicial or other competent authority to be void, void able, illegal or
otherwise unenforceable or indications of the same are received by either of the
parties from any relevant competent authority, the parties shall amend that
provision in such reasonable manner as achieves the intention of the parties without
illegality or at the discretion of the parties, it may be severed from this agreement
and the remaining provisions of this Agreement shall remain in full force.

19. This Agreement contains the entire understanding between the parties
covering the subject matter of this Agreement and shall override any prior
understandings, agreements or otherwise, whether oral or in writing.

20. The Parties acknowledge that this Agreement contains the whole Agreement
between the parties and nothing is relied upon any oral or written representations
made.

21. All modifications to this Agreement shall be made by Addendums and it shall
be in writing and be signed by all Parties.

22. In the event of a dispute between the parties arising out of, or relating to this
Agreement, its interpretation or performance hereunder, the parties shall exert their
best efforts to resolve the dispute amicably through negotiations. In case of any
disagreement and dispute and the parties fail to mutually resolve the issue; both
parties shall appoint an Arbitrator that is mutually agreeable and shall be settled as
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per Indian Arbitration Act. Further, in case the parties failed to resolve the dispute,
this Agreement and the interpretation of its terms shall be governed by and
construed in accordance with the laws of the India and the Jurisdiction shall be
Court of Bangalore.

23. This Agreement represents the full understanding of the Parties and shall
supersede all previous oral or written agreements regarding the subject matter
herein.

: SCHEDULE ‘A' PROPERTY:

ITEM NO. I

All that piece and parcel of the residential converted land bearing Survey
No.219/1 measuring 3353 Square Feet, presently bearing Bruhat Bangalore
Mahanagara Palike (BBMP) Khatha Serial No. 767, Municipal No. 159 and
Survey No.226/1 measuring 16553 Square Feet, presently bearing Bruhat
Bangalore Mahanagara Palike (BBMP) Khatha Serial No. 1720, Municipal No.
301, totally measuring 19906 Square Feet, situated at Gunjur Village, Varthur
Hobli, Bangalore East Taluk (previously Bangalore South Taluk), Converted
vide, Official Memorandum No. ALN [E.V.H.] SR 100/2010-11, dated:
28.10.2010 and Official Memorandum No. ALN [E.V.H.] SR 356/2007-08,
dated: 06.03.2010, issued by Special Deputy Commissioner, Bangalore Urban
District respectively and bounded as follows:

East by : Property bearing Sy.No.227 and Sy .No.219/6B;

West by : Road;
North by : Property bearing Sy.No.225/2;
South by : Remaining portion of the property bearing
Sy.No. 226/1 and Sy.No. 219/1.

ITEM NO. II

All that piece and parcel of the residential converted land bearing Survey
No.219/6A measuring 2 Acres 17 Guntas, presently bearing Bruhat Bangalore
Mahanagara Palike (BBMP) Khatha Serial No. 1719, Municipal No. 300,
situated at Gunjur Village, Varthur Hobli, Bangalore East Taluk (previously
Bangalore South Taluk) Converted vide, Official Memorandum No.
ALN[E.V.H.]SR 356/2007-08, dated 06.03.2010, issued by Special Deputy
Commissioner, Bangalore District and bounded as follows:

East by : Land bearing Sy.No.217;

West by : Land bearing Sy.No.219/5 and Sy.No.226;
North by : Land bearing Sy.No.219/6B and Sy.No.227;
South by : Land bearing Sy.No.218.
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ITEM NO. III

All that piece and parcel of the land bearing Survey No.224/2 measuring 3
Acres 3 Guntas, presently bearing Bruhat Bangalore Mahanagara Palike
(BBMP) Khatha Serial No. 1779, Municipal No. 315, situated at Gunjur Village,
Varthur Hobli, Bangalore East Taluk (previously Bangalore South Taluk),
Bangalore Urban District and bounded as follows:

East by : Land belongs to Sri Kaverappa;

West by : Land belongs to Sri G.M. Thimma Reddy;
North by : Land belongs to Sri Mani Basappa & Sri Basha;
South by : Property bearing Sy.No.227.

ITEM NO. IV

All that piece and parcel of the property bearing Survey No.227/1 measuring
3 Acres 5 Guntas, presently bearing Bruhat Bangalore Mahanagara Palike
(BBMP) Khatha Serial No. 1779, Municipal No. 315, situated at Gunjur
Village, Varthur Hobli, Bangalore East Taluk (previously Bangalore South
Taluk), Bangalore Urban District and bounded as follows:

East by : Land belongs to Sri Pillanavara Bajjappa

Nanjundappa;
West by : Land belongs to Sri G.R. Rajashekar Reddy;
North by : Land belongs to Sri G.R. Keshava Reddy;
South by : Land belongs to Sri Pillanavara Anjenappa.

ITEM NO. V

All that piece and parcel of the land bearing Survey No. 219/6B measuring
2 Acres 17 Guntas, presently bearing Bruhat Bangalore Mahanagara Palike
(BBMP) Khatha Serial No. 1736, Municipal No. 307, situated at Gunjur
Village, Varthur Hobli, Bangalore East Taluk (previously Bangalore South
Taluk) Bangalore Urban District and bounded as follows:

East by : Private Property;

West by : Property belongs to Sri Dayananda Sagar;
North by : Land belongs to Sri Keshava Reddy G.R.;
South by : Land belongs to Sri Dayananda Sagar.

COMPOSITE SCHEDULE PROPERTY

‘
All that piece and parcel of the residential converted land bearing Survey
No.219/1 measuring 3353 Square Feet, Survey No. 226/1 measuring
16553 Square Feet, Survey No.219/6A measuring 2 Acres 17 Guntas,
Survey Number 224/2 measuring 3 Acres 3 Guntas, Survey No.227/1
measuring 3 Acres 5 Guntas, Survey No. 219/6B measuring 2 Acres 17
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Guntas, situated at Gunjur Village, Varthur Hobli, Bangalore East Taluk

(previously Bangalore South Taluk), Bangalore Urban District, presently
bearing amalgamated Khatha No. Sl.No.1736, Sy.No.219/6B, 219/1,
219/2, 226/1, 219/6A, 224/2, 227/1 Muncipal No. 307 in the record of
Bruhat Bangalore Mahanagara Palike(BBMP) and bounded as follows:

East by : Property bearing Sy.No’s.228, 227/3, 227/2 & 217;

West by : Road & Property bearing Sy.No’s.224/1, 225/1, 225/2,
226/1, 226/2 & 219/5;
North by : Varthur Village Boundary;
South by : Property bearing Sy.No.218.

: SCHEDULE "B" PROPERTY:

(UNDIVIDED SHARE)

Undivided share, right, title, interest, and ownership in the land in

Schedule "A” Property, which comes to 313.56 Sq. Feet of share in the land in
Schedule `A' Property.

: SCHEDULE `C' PROPERTY:

(DESCRIPTION OF APARTMENT)

All that 2 B H K Residential Apartment bearing No. 2 2 0 3 in Twenty

Second Floor of Block-1 of Tower-A in `CANDEUR SIGNATURE’
constructed on the Schedule `A' Property and apartment measuring 743.57
Sq. Ft. of Carpet Area and 451.43 Sq. Ft. of proportionate share in common
areas such as Utility and Balcony area, Outer wall area, passages, lobbies, lifts,
staircases and other areas of common use and totally measuring 1195 Sq. Ft. of
super built up area approximately with right to use One Covered Car
Parking Space, and the Apartment is bounded by:

East by : Unit No. A-2204;

West by : Lobby Area;
North by : Walkway;
South by : Lobby Area.

:SCHEDULE "D" PROPERTY:

The consideration for sale of Schedule ‘B’ & ‘C’ Property is Rs. 94,40,000/- (Rupees
Ninety Four Lakhs Forty Thousand Only).

The Purchaser has paid Rs. 1,00,000/- (Rupees One Lakhs Only) as an advance Sale
Consideration in the manner enumerated below;
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1. Rs. /- (Rupees Only) by way of cheque bearing No. 000000 dated 00-00-2023,
drawn on ---- Bank, ----- Branch, Bengaluru in favour of Seller as Booking
Amount.

2. Rs. --------------/- (Rupees Only) by way of cheque bearing No. ----dated 04-09-
2023, drawn on ----- Bank, Dunlop Branch, Kolkata in favour of Seller as
Advance Amount. Sellers has acknowledged the receipt of the same before the
undersigned witnesses.

3. Rs. 94,400/- by the way TDS in favour of Seller.

The balance sum of Rs. ------ /- (Rupees -------- Only) shall be payable on or before
the execution and registration of the Sale Deed.

:SCHEDULE "E":
:RIGHTS OF THE PURCHASER/S:

The Purchaser/s shall have the following rights in respect of the Schedule `B' Property and
Schedule `C' Apartment while owning and possessing the said Properties;

1) The right to construct and own an Apartment described in the Schedule `C' above
for residential purposes.
2) The right and liberty to the Purchaser/s and all persons entitled, authorised or
permitted by the Purchaser/s (in common with all other persons entitled,
permitted or authorised to a similar right) at all times, and for all purposes, to
use the staircases, passages and common areas in the Building for ingress and egress
and use in common.

3) The right to subjacent, lateral, vertical and horizontal support for the Schedule `C'
Apartment from the other parts of the Building.
4) The right to free and uninterrupted passage of water, gas, electricity, sewerage, etc.,
from and to the Schedule `C' Apartment through the pipes, wires, sewer lines,
drain and water courses, cables, pipes and wires which are or may at any time
hereafter be, in, under or passing through the Building or any part thereof.
5) Right to lay cables or wires for Radio, Television, Telephone and such other
installations, in any part of the Building, however, recognising and reciprocating
such rights of the other Apartment Owners.

6) Right of entry and passage for the Purchaser/s with/without workmen to

other parts of the Building at all reasonable times after notice to enter into and upon
other parts of the Building for the purpose of repairs to or maintenance of the
Schedule `C' Apartment or for repairing, cleaning, maintaining or removing the
sewer, drains and water courses, cables, pipes and wires and for water proofing
causing as little disturbance as possible to the other Apartment Owners and
making good any damage caused.
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7) Right to use along with other owners of Apartments all the common facilities
provided therein on payment of such sums as may be prescribed from time to time
by the Builder and/or the Agency appointed by the Builder.

8) Right to use and enjoy the common roads, common areas and parks and open
spaces and common facilities in “CANDEUR SIGNATURE” in accordance with the
purpose for which they are provided without endangering or encroaching the
lawful rights of other owners/users.

9) Right to make use of all the common roads and passages provided in Schedule `A'
Property to reach the building in Schedule `A' Property without causing any
obstruction for free movement therein.

10) The Purchaser/s shall be entitled in common with the Purchasers of the other
apartment/s in the building, to use and enjoy the common areas and facilities listed
hereunder :

a) Entrance lobbies, passages and corridors;

b) Lifts/pumps/generators;
c) Staircases and driveways in the basement, roads and pavements;
d) Common facilities, subject to compliance of rules, regulations
and byelaws.

11) Right to dispose of Schedule `B’ and `C’ Properties by way of sale, mortgage, gift,
exchange or otherwise subject to the same rights and obligations/restrictions placed
on the Purchaser/s in the matter of enjoying ownership and possession thereon and
any sale/transfer shall be completed in full consisting of both Schedule `B’ and `C’
Properties and not separately.

:SCHEDULE "F":
:OBLIGATIONS ON THE PURCHASER/S:

The Purchaser/s hereby agree/s, confirm/s and undertake/s the following obligations
towards the Builder and other Apartment Owners. The obligations herein contained are in
addition to the obligations contained elsewhere in this Sale Deed.

1) The Purchaser/s shall be bound by the following obligations :

a) Not to raise any construction in addition to that mentioned in Schedule `C'

above.

b) Not to use or permit the use of Schedule `C' Apartment in a manner which
would diminish the value or the utility therein.

c) Not to use the space left open after construction in Schedule `A' Property or in
“CANDEUR SIGNATURE” for parking any vehicles or to use the same in any
manner which might cause hindrance to or obstruct the free movement of
vehicles parked in the parking spaces or for users of adjoining properties.

d) Not to default in payment of any taxes or levies to be shared by the other

apartment owners of the Schedule `A' Property.
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e) Not to decorate the exterior part of the building to be constructed otherwise

than in the manner agreed to by at least two third majority of the owners of the
apartments in Schedule `A' Property.

f) Not to make any arrangements for maintenance of the building referred to in

Schedule `A' above and for ensuring common amenities for the benefit of all
concerned.

2) The Purchaser/s shall has/have no objection whatsoever to the Builder managing

the entire development in Schedule `A' Property by or handing over the common
areas and the facilities to a Maintenance Company/ies or to the Association as
soon as it is formed and pending the same, the Builder shall retain the same and
the Purchaser/s has/have given specific consent to this undertaking. The Builder or
the Maintenance Company or Owners Association shall be paid on demand common
expenses for upkeep and maintenance of buildings and common areas and facilities
in Schedule `A' Property and also service charges for undertaking the said task.

3) An Owners Association will be formed in respect of the Residential Buildings to be

built in Schedule `A' Property including in respect of the Block in which
Schedule `C' Apartment is a portion and the Purchaser/s shall become a Member of
the Owners' Association and agree to observe and perform the terms and conditions
and bye-laws and rules and regulations of the Association that may be formed and
pay the admission fee and other fees that may be required. The maintenance of the
building shall be done by Builder or by a maintenance company appointed by
them until formation of Owners Association and Purchaser/s shall pay all
common expenses and other expenses, taxes and outgoings in terms of this Sale
Deed. Such Association shall be purely for the purpose of maintenance and
management of the building though each individual owner of apartment will be
owner thereof and the undivided share in the land. The main purpose and object of
such association is to take over accounts/finance of the multistoried building and
the development in “CANDEUR SIGNATURE” and properly manage the affairs of
the same, provide all facilities to the occupants and collect from them, the
proportionate share of maintenance cost and out goings. Each of the Association will
be responsible for the upkeep and maintenance of the respective buildings.

4) The Association shall be responsible for all common areas, roads and common
facilities which are common to all buildings and the expenses therefor shall be
incurred from and out of the funds contributed by all the Owners in “CANDEUR
SIGNATURE” or from the Owners' Association of each Block.

5) The Purchaser/s and other owners of Apartments in the said building shall pay
such sums as are required by the Builder or maintenance company or the
Association as the case may be towards maintenance and management of the
common areas and facilities in the building and in Schedule `A' Property (subject
to further revision from time to time) for the maintenance and management of the
common areas and facilities and any deficit shall be made good by the
Purchaser/s in proportion to the area of the Schedule `C' Apartment.
 14

6) It is hereby clarified and agreed that the expenses relating to common areas and
common facilities shall be borne by the actual users of the Apartment. However it
is the primary responsibility of Purchaser/s to pay the same.

7) No apartment owner including Purchaser/s can get exempted from liability for
contribution towards common expenses by waiver of the use or enjoyment of any
common areas and facilities or by abandonment of apartment and/or facilities in
Schedule `A' Property.
8) The Purchaser/s in the event of leasing the Schedule `C' Apartment shall keep
informed the Builder or Agency maintaining the common areas or Owners
Association about the tenancy of the Schedule `C' Apartment and giving all the
details of the tenants and occupants. Upon leasing, only the tenant/lessee shall be
entitled to make use of the club facilities in the place of Purchaser/s as Temporary
Members on payment. Notwithstanding the leasing, the primary responsibility
to adhere to all the rights and obligations of the Purchaser/s contained herein shall
be that of the Purchaser/s and it shall be the responsibility of the Purchaser/s to
ensure that the tenant/lessee follows all the rules and regulations that may be
prescribed for the occupants of the buildings in “CANDEUR SIGNATURE”.
9) The Purchaser/s shall use the apartment as a private residence and the car-parking
space for parking a light motor vehicle and not for any other purpose. The
parking space specifically allotted to Purchaser/s is for exclusive use and
enjoyment by Purchaser/s and the Purchaser/s shall not have the right to put up
any construction in the parking space or enclose the same or use/convert it for any
purpose other than as car parking space.

10) The Purchaser/s shall maintain the front elevation and the side and rear elevations
of the apartment, in the same form as the Builder constructs and not at any time alter
the said elevation in any manner whatsoever.

11) The Purchaser/s shall from the date of handing over possession, maintain the
apartment at his/her/their cost in a good and tenantable repair and condition and
shall not do or suffer to be done anything in or to the said apartment and/or
common passages, which may be against the rules and bye-laws of the Bruhat
Bangalore Mahanagara Palike or Bangalore Development Authority or any other
authority. The Purchaser/s shall keep the apartment, walls, floor, roof, drains, pipes
and appurtenances thereto belonging in good condition so as to support, shelter
and protect the parts of the entire building and shall not do any work which
jeopardizes the soundness or safety of the building or the property or reduce the
value thereof or impair any easement or hereditament and shall not add any
structure or excavate any basement or cellar. The Purchaser/s shall promptly
report to the Builder or Maintenance Company or Association of Apartment
Owners as the case may be, of any leakage/seepage of water/sewerage and the
like through the roof/floor/wall of the said apartment and especially with
regard to the external and common walls shared by the Apartment Owners.

12) It is a specific term and condition of this Sale Deed and of the rights to be created in
favour of the prospective Purchasers in the building and in the said apartment that:

a) The name and/or apartment number of the Purchaser/s shall be put, in

standardised letters and colouring only at the location/board that may be
 15

designated by the Builder at a place earmarked for the said purpose and at
the entrance door of the particular Apartment but at no other place in the
building and the number shall not be altered.

b) No sign board, hoarding or any other logo or sign shall be put up by the
Purchaser on the exterior of the building or on the outer wall of the
apartment.

c) The Purchaser/s shall not alter the colour scheme of the exterior of the
building or of the exterior lobby wall of the said apartment though the
Purchaser shall be entitled to select and carry out any decoration/ painting of
the interior of the said apartment.

d) The Purchaser/s shall not do anything that may adversely affect the aesthetic
appearance/beauty of the building, nor do anything in the Property which
may cause any nuisance or obstruction or hindrance to the other owners.

e) Any further or other construction that may be permitted hereafter over and
above the construction to be sanctioned as aforesaid such construction
may be carried out by and/or at the discretion of the Builder. The
Purchaser/s shall not be entitled to object to the same or to cause any
obstruction or hindrance thereof, nor to ask for any discount and/or
rebate and/or abatement in the above mentioned consideration.

13) The Purchaser/s shall, from time to time, do and execute all further acts, deeds,
matters and things as may be reasonably required by the Builder for duly
implementing the terms and intent of this Sale Deed and for the formation of
Owners Association.

14) Since the Purchaser/s is/are to own the aforesaid undivided interest in the land
described in the Schedule `A' hereunder written it is specifically agreed that the
Purchaser/s shall be entitled in common with the Purchasers/Holders of the
other apartment/s in the building, to use and enjoy the common areas and
facilities listed hereunder:

a) Entrance and Common Passages;

b) Lifts/Pumps/Generators of the Block;
c) Common facilities including Club House.
d) Club House on membership basis and on compliance of byelaws formed for
the Club.

15) The Purchaser/s is/are aware that the exclusive right of use of car parking space in
Basement level will be allotted by the Builder to the various Apartment Owners
and that the right of use so allotted shall vest solely in the respective Apartment
Owner to whom it is allotted. The Purchaser/s shall have no objection to
such right of use being allotted. It is, however, clearly understood that such
right of use shall not vest in the Purchaser/s any title to the land earmarked as
Car Parking Space.

16) The Builder will provide to the Purchaser/s access from the driveways/ internal
roads to the building where Schedule `C' Apartment is situated.
 16

17) The cost of repairing and maintaining the internal/feeder/ access and drive-
ways will be borne and paid proportionately by the Purchasers of apartments
comprised in “CANDEUR SIGNATURE”.

18) The Purchaser/s shall keep the apartment, walls, floor, roof, drains, pipes and
appurtenances thereto belonging in good condition so as to support, shelter and
protect the parts of the entire building. The Purchaser/s shall carry out at
his/her/their own cost such repairs and maintenance to water lines, sewerage lines
and the like in the said Apartment in the event of there being any complaint from
the Apartment Owners below or above or adjoining of leakage/ seepage of
water, sewerage and the like through the roof/floor/wall of the said apartment of
the Purchaser/s.

19) The Purchaser/s shall not object for use of Common Road/Drive way/Passage in
the Schedule ‘A' Property for making use of the same by the Owners/
Occupants/Users of the balance portions of the Schedule ‘A' Property.

20) The Purchaser/s of apartments in “CANDEUR SIGNATURE” and/or in respective

Blocks shall not at any time cause any annoyance, inconvenience or disturbance
or injury to the occupiers of other apartments and parking spaces in the building
and Purchaser/s specifically shall not :-
a) Close the lobbies, stairways, passages and parking spaces and other common
areas.
b) Make any alterations in the elevation or both faces of external doors and
windows of the apartment/parking space which in the opinion of the
Builder or the Owners' Association differ from the colour scheme of the
building.
c) Make any structural alterations or fresh openings inside the apartment.
d) Default in payment of any taxes or levies to be shared by the other owners
of the Schedule "A" Property or common expenses for maintenance of the
building.
e) Create nuisance or annoyance or damage to other occupants and owners by
allowing pounding, running machinery and causing similar disturbances
and noises.
f) Install machinery, store/keep explosives, inflammable/prohibited articles
which are hazardous, dangerous or combustible in nature.
g) Use the common corridors, stair cases, lift lobbies and other common areas
either for storage or for use by servants at any time.
h) Bring inside or park in the Schedule "A" Property any lorry or any heavy
vehicles.
i) Use the apartment or portion thereof for purpose other than for residential
purposes and not to use for any illegal or immoral purposes.
j) Drape clothes in the balconies and other places of building.
k) Enter or trespass into the Parking Areas, Garden areas and Terrace Areas not
earmarked for general common use.
 17

l) Throw any rubbish or used articles in Schedule "A" Property other than
in the Dustbin provided in the property.
m) Undertake any interior decoration work or additions, alterations inside the
apartment involving structural changes without prior consent in writing of
the Builder/Association.
n) Create any nuisance or disturbance or misbehave in the matter of enjoying
the common facilities provided to all the apartment Owners in the
building or “CANDEUR SIGNATURE”.
o) Refuse to pay such sums as are demanded for use and enjoyment of
common facilities in “CANDEUR SIGNATURE”.
p) Trespass into other residential buildings in “CANDEUR SIGNATURE” or
misuse the facilities provided for common use.
q) Use the Schedule `C' Property as a transit apartment or service apartment
and should not be let out/permit to use the same on
daily/weekly/fortnightly basis.
r) Use the Schedule `C' Property for training any skill or art or occupation or
conduct any teaching classes.
s) Put up any construction in the parking space or enclose the same or use for
any purpose other than Car Parking Space;
21) The use of the club house, swimming pool and other facilities by the Purchaser/s
during tenure of membership shall be without causing any disturbance or
annoyance to the fellow users and without committing any act of waste or nuisance
which will affect the peace and tranquility of the place and shall not
default/refuse/avoid paying the subscription and other charges for the use of the
facilities therein.
22) The Purchaser/s shall not park any vehicles in any part of Schedule `A' Property
except in the parking area specifically acquired by the Purchaser/s and
earmarked for the Purchaser/s and not to enclose the parking areas or put up any
construction therein whether temporary or permanent.
23) The Purchaser/s shall not throw garbage/used articles/rubbish in the common
areas, parks and open spaces, roads and open spaces left open in the Schedule
`A' Property. The Purchaser/s shall strictly follow rules and regulations for garbage
disposal as may be prescribed by the Builder or Agency maintaining the common
areas and facilities in “CANDEUR SIGNATURE” or by the Owners Association.
24) The Purchaser/s shall not keep any cattle/live stock in the Schedule `C' Apartment or in
Schedule `A' Property and Purchaser/s shall keep all the pets confined within the
Schedule `C' Apartment and shall ensure that the pets do not create any
nuisance/disturbance to the other owners/occupants in the building.

25) The Purchaser/s shall maintain at Purchaser's cost the said Apartment and Parking Space in
good condition, state and order and shall abide by all the laws and regulations of the
Government, Bruhat Bangalore Mahanagara Palike, Bangalore Development Authority, City
Municipal Council and any other duly constituted authority from time to time in force, and
answer and be responsible for all notices or violations and of any of the terms and
conditions in this sale deed.
26) The Purchaser/s shall not use the Apartment/Parking Space/Garden/ Terrace or permit the
same to be used for any purpose which in the opinion of the Builder and/or
Association on its formation to cause nuisance or annoyance to occupiers of the other
 18

Apartment/Parking Space/Garden/Terrace in the said building to the Owners or occupiers

of the neighbouring buildings and/or properties nor use the same for any illegal or
immoral purposes, nor use the parking space for any other purpose except for parking
light motor vehicles and should not construct any barrier enclosing the allotted
parking space.

27) The Purchaser/s shall use all sewers, drains and water lines now in or upon or
hereafter to be erected and installed in Schedule `A' Property and in the
Apartment Building in common with the other Apartment Owners and to permit
free passage of water, sanitary, electricity and electrical lines, through and along
the same or any of them and to share with the other Apartment Owners the cost of
maintaining and repairing all common amenities such as common accesses
staircases, lifts, generator, sewage treatment plant, diesel generator, etc., and to use
the same as aforesaid and/or in accordance with the Rules, Regulations, Bye-Laws
and terms of the Association to be formed by or among the Apartment Owners
in the Building.

28) The common areas and facilities shall remain undivided and no apartment owner
including Purchaser shall bring any action for partition or division of any part
thereof. Further the Purchaser/s shall not seek partition of undivided share in the
Schedule `A' Property.

29) The Purchaser/s can make use of the common areas and facilities in accordance with
the purpose for which they are intended without hindering or encroaching upon
the lawful rights of other apartment owners in the Block and/or in “CANDEUR
SIGNATURE”.
30) The Purchaser/s shall pay to the Builder or maintenance company or Owners'
Association as the case may be the following expenses in proportion to
his/her/their share in Schedule "C" Apartment:

a) Expenses for maintenance of lifts, pump sets, generators, sewage treatment

plant, fire equipments and other machineries, sanitary and electrical
connections in the building and in “CANDEUR SIGNATURE including
the cost of AMC's for these equipments;
b) Electricity consumption charges for running all common services and lighting
the common areas, basement and all open areas and water consumption
charges of buildings and for facilities in “CANDEUR SIGNATURE”.
c) Cost of replacement of electrical fittings and bulbs in all common areas,
corridors, basement and open places;
d) Expenses for maintenance of the buildings and the land surrounding
thereto, white washing and colour washing of common areas, roads,
developments, club house, external areas and the compound;
e) Expenses incurred in the maintenance of landscape, Gardens, pots and
other plants in Schedule `A' Property;
f) Salaries and wages payable to the property manager, security guards, lift
operators, plumbers, electricians, gardeners, pumps and generator operators
and all other staff appointed;
 19

f) Such other expenses which are common in nature and not attributable any
unit in particular but relates to the development in Schedule `A' Property in
general.
g) All taxes payable, service charges and all other incidental expenses in
general.

:FLOOR PLAN:
 20

IN WITNESS WHEREOF THE PARTIES HAVE SIGNED AND EXECUTED THIS

AGREEMENT OF SALE ON THE DAY, MONTH AND YEAR FIRST ABOVE
WRITTEN.

WITNESSES:

(HARIRAM DAYANAND)
1.

(R MEGHANA REDDY)
SELLER
2.

( MOHAMMAD JAWED )

( ARFA JAMIL )
PURCHASERS