Download as pdf or txt
Download as pdf or txt
You are on page 1of 15

RNI No.

MAHBIU2U)9/355r6

T6rfl9 VIRI"T TlEttl=t


r{TrI qt{-ifi'
ad,r, eia *l lanigan, effirrto-tq, aoll/ &<<14-tv, n& trxt lyd le
tftr-d : rqn c.oo I

ufu-gu-+rvn
qErtg nrx-{rqfrfrfi rd{ fftc crfu6r-qi+ iqrr iifr (qr.r qrr, qlr-q a v6-E qicd rfu€ Atd ffT6
frqq a rni$ qiafrfim Tira) M?6 ftcq qrtgr i qir rrril r..Frr, sa :.tr.IIEr.I, ffi< aq<, wr5<
" qrdlr, frccq6 qqlfrd{[r, frqruF frutq qffi a
(rrar rilr{i r!-dfi), fuf,tigrfir6rt a fr<guf6
ft€'f6 qrffii rd{ rrffi qi{ rqn idd ff+* frqq a fitrl qiqr {qrefl ttd.

MAHARASHTHA REAL ESTATE REGULATORY AUTHORITY


'A' Wing, Slum R€habilitation Authority Building,
Prof. Anant Kanekar Road, Bandra (East),
lrumbai 400 051 dated 3rd October 2019

MAHARASHTRA BEAL ESTAIE REGULATORY AUTHORITY (GENERAL)


(AMENDMENT) REGULATIONS, 2019
Whereas, Maharashtra Beat Estate (Begulation and Development) (Registration of real€state projects,
Registration ol real estale agents, rates of interests and disclosuros on websile) (Amendment) Rules,
2Oi9 were issued by Government ol Maharashlra on 6th June 2019. Therefore, in consonance with
amendment in Bules, il was felt necessary lo amend the l\4aharashlra Real Estate Begulatory Authority
(General) Regulations 201 7.
ln exelcise ol the powers conferred on it under sub-seclions (r,) and clause (i) ol sub-section (2, of
Section 85 of the Beal Estate (Regulations and Developmenl) Act,2016 and ol all other powers enabling
it in that behalf, the Maharashtra Real Estate Requlatory Authorily, hereby makes the lollowing Regulations
to amend the Maharashtra Beal Estate Regulatory Authority (General) Regulations 2017, namely:
:-
1. n e and Commencenenl (1) These regulations may be called the lvlaharashtra Beal Estate
(Regulatory Authority (General) {Amendment) Begulations 2019.
(2,) They shall come into force on the date of therr publication in'Ihe Ofticial Gazefte.

(?)
I crr{rE{rF{ {rqqr qn qr{-6, Td-qRt glrdR, si-€t{a lo-es, lotq/iff{r 16-?t, Yr&r!r?

2. Pdncipal Regulatiors.- These regulations amend the iraharashtra Real Estate Regulatory
Authority (General) Regulations 2O17 (hereinafter relerred to as the principal regulations).
3. ln regulation 2 ot lhe Principal Regulations, in clause 1a), after sub-clause (v), the lollowing
sub-clause shall be insened, namely :-
(v-) " incurred " means amount of product or service received , creating a debt in favour ol a
seller or supplier and shall also include the amounl of product or service received against
the payment.
4. ln regulation 3 of lhe Principal Begulations, the words "and submilled lo the banks" shall be
omitted.
5. Atler Regulation 3, lhe following regulatons shall be inserted, namery:-
"3A. ln order to ensure quality of materials and workmanship being used on the proiect, an
Engineer who supervises lhe work should submit Ouality Assurance Ce(ificate in Form 24. This
form shallbe submitted atend of every financial quarter. This Form is applicableto projects registered
atter 1st December 2018 only.
38. For plotted development projects, in Forms 1, 2, 24, 3 and 4 only the relevant sections
shall be applicable. The model form ol agreement lor Plotted Development projects, under Rule 10
of Maharashtra Real Estate (Begulation and Developmenl) (Registration of real estate projects,
Registratioh ol realestate agents, rates ol inlerestand dis.losures on website) Bules,2017 is provaded
as Annexure-B
Fudher, in case o, plotted development projects, wherever IOD/Building Plan approvalis nol provided
as per local rules, then NA Orderfrom competent authority for plotled development shall suffice. Similarly,
wherever Occupation Certificate / Completion Certificate is not provided as per local rules, submission
of duly filled Form 4 signed by Architect shall denote completion of project."
6. ln regulation 4 ofthe Principal Regulations, in clause (a), afterthe words "promotels enlerprise.",
the tolowing shal be insened namely :-
lhe amount to be deposited and withdrawn lrom the
" The said certificate is only in respect ol
separate Bank Accounl. The Chartered Accountant shall further cerlify that the withdrawal trom the
Separate Bank Acc.unt of the said project has been in accordance with the proportion to the percentage
of completion of the project."
7. ln Form -2 ol the Principal Regulations,-
('/.) The words "(License No. ......)" shall be deleted.
(2) ln lable B, lhe word "layout" to be replaced with "projecf'.
(3) ln Annexure A, the following explanation shall be inserted, namely:-
" Explanation ,.-
The increase in consiruction cost due to execution of extra./additional items
as certified by the Engineer in Annexure A, shall be allowed to be added in Form 3".
8. After Form 2, Form 2A shall be added, in accordance with Iormat annexed al Annexu.e - l-
9. The Form 3 in the Principal Regulations shall be substituted in accordance with format annexed
al Annexure - ll.
10. ln Form 5, the words "irembership No." shall be replaced by "UDlN No. .......... .... .... and
irembership Number.
ctrRrE flr{irrcql qFr qr{-6, uBr4rt $rER. 4i"€i'{{ qo-qq, lotq/$falr lz-?s, Irs qqrt l
11. ln Regulation No. 36 ol the i,laharashtra Real Estate Regulatory Aulhority (General)
Regulalions, 2017,-
(, ln clause (a) for the words "the Aulhority" the words 'the Authority or Adiudicating Office/'
shall be substituted ;
(r'l) ln clause (c) for the words The Authority" the words 'The Authority or Adjudicating Officei'
shall be substituted.
(r,i/) ln clause (d) lor the words ''fhe Aulhorav' th6 words ''fhe Authority or Adjudicating oflice/'
shall be substituled.
(14 ln clause (e) for the words 'The Authority" the words 'The Authority or Adjudicating otficef
shall be substituted.
12. The rnodalfonn ofAgreementlor plotted development shall be in accordancewith lormatannexed
at Annexuie - lll.
trll{Ig Ir{;t irniq, lrm qrT-6, TcI{ i !q<R, si,€t{{ to-aq, totl/fffi ll-?s, II& $rt
AnnexuE - |

FOBM.2A
lsee Segulation 3Al
ENGINEEB'S CERTIFICATE FOR OUALITY ASSURANCE
(site supervisols cedilicate)
(To be uploaded qua.tedy)
To,
The (Name and address of Promote0.

Ouality Assurance Certilicate


(Certificate No ................... for the quarter ending
Subject: Certificate lor quality of materials used and quality of Construction and workmanship lorthe
Work of ............................. No. ol Building(s)/ ........................... Wings(s)of the Phase of the proiect situated
on the plot bearing C. S. No./C.T.S No./ Survey No./Final Plot No. ............. .....-....-.... demarcated by its
boundarles (latilude and longitude of the end points) ............................. to the North .-........................... to
the South ............................. to the East ............................. to lhe West of Division .............................
Village ............................. Taluka District ............................. PIN .............................
admeasuring ............................. sq. mtrs. area being developed by
IPromole/s Name .............................]
Beference: MahaRERA Begistration Number P.............................
Sir,
I/ We ...................... have undertaken an assignment ol supervision ol this real estate project
Our Reaponslblllty
To carry oul the work in accordance with the development permission and as perthe approved plan
and submit certificate of supervision ol work and lo carry out material testing ln-silu or in the authodzed
laboralory and lo ensure quality of work and workmanship as per prescribed specilications, and as per
NBC and or other relevant code ol practice.
't.
Matorial T68ting.- l/ we, have applied following mandatory checks on the basic materials, used
in the construction.
(, Cement.- ll has been tested for its lineness, soundness, setting lime, compressive strength etc.
as per lS code 3535:1986 or as per olher relevanl IS/BS/NBC code, or as per industry standards and its
results are with n the permissible lim ts.
Coarse aggregate.- lt has been tested, for deleterious materials, clay lumps, crushing value,
/i,
impact value as per lS 243011986 or as per other re evant IS/BS/NBC code or as per induslry standards
and its results are within the permissible limits.
(n, Bricks/ blocks.- They have been tested for water absorplion, crushing slrenglh etc. as per lS
5454:1978 or as per other relevant lS/BS/NBC code or as per industry standards and its results are within
permissible limits.
(iv) conctete lReady'mix Concrete.- lt has been tested for compressive strength forvarious periods
as per lS 456:2000 and lS 1199 or as per other relevant IS/BS/NBC codes or as per industry standards
and its results are within permissible limits.
(v/ Steel for concrete.- lt has been tested as per lS 2062:201 1 or as per other Ielevant IS/BS/NBC
code or as per industry standards for tensile strength, elongation and gauge length etc and its resultsare
wilhin permissible limils.
qlRrE rr{i {rdql qFr rr{-6, T€{r{t !c-{R, 3i-€t{{ ro-1q, ?otl/ff{{ qe-t!, Ir} 1q,1 q

(v, Testing of Other materials.- Other materials like sand, crushed sand, floor tiles, fixtures and
fittings, pipes and sanitary fittings etc. (List out all items) used in this proiect conlorm to relevanl lS/BS/
NBc code or as per standards laid down by the lndustry lor a particular material.
2. Wo*manshlp.- | / we hereby certity that work has been carried out under our supervision. We
further certily that workmanship and quality is satisfactory and up to the mark and the work has been
acceplable within the permissiblo limils ol devialions as per relevant code ot practice.
3. Electrical Materials and workmanahip.- Wofts ol all the electrical wiring/ connections / lift
installation / other electrical nstallations have been carried out under authorized /regislered electdcal
engineerand its records has been mainla ned. The materials used coniorm to lhe relevanl LS/B.S/Nalional
Building codes or as per industry standards.
4. Structural engineer--
Promoters has engaged structural engineer Mt. ...............................having LEenses No. ....................
having Oflice No. ............. . .. . Cell No. ....................................
The structural design of buildings in this project has been done under his supervision. He has checked
the soil repod before laying PCC for toundation in consullation with soil consultant. The formwork and
concrete mix design has been done as per lS 10262:2009 or as per olher relevanl codes as applicable.
His periodic checks and certilicates tor STABILITY and SAFETY have been kepl on record.
5. Proservation ol record6.- Record ol all lest resuhs ol this prolecl have been properly kept in
the prescribed formats and will be preserved at least up to lhe delect liability period or lor the period as
required by any other provision of law.
6. Please specity materials or any other item of work which were not confoming to the standard
specilications and which were not rejected.

Yours Faithfully,

Signalure of Engineer (Site Supervisoo


Name:
License No.(il any)-
Phone No-
Place :
qiRlgVIIIIIIiiqlr qItIsIT-6, tI5'{Rttq{R, si.d{{ 1o-lq, ?ot\/.flf'{r t4-l!, vr+ tqYl
(Annexure-ll)
FORM-3
[see Regulalion 3]
CHARTERED ACCOUNTANT'S CERTIFICATE (On Lsner Head)
(FOR BEGISTRATION OF A PROJECT AND SUBSEQUENT W|THDFAWAL OF MONEY)
Cost of Real Estate Project Registration Number.............

Sr. No Particulars Amounl (Rs.)


(1) (2\ (s)
Esllmated lncurred

1 (, Land Cost :-
(a) Value ol the land as ascertaaned lrom the Annual
Statement of Rates (ASR).
(b) Amount of Premium payable to obtain development righls,
FSl, additional FSl, fungible area, and any other incentive
under DCR lrom Local Authority or State GovernmenvuT
Administration or any Statutory Authority.
(c) Acquisition cost ol TDR (il any).
(d) Amounts payable to State GovernmenuLrT Administration
or compelent aulhority or any other slatulory aulhority of
the State or Central Government, lowards stamp duty,
transler charges, registration lees etc; and
/e) Land Premium payable as per annual slalement of rales
(ASR) for redevelopment of land owned by public
authorities.
(, Under Rehabilitation scheme:
l/, Estimaled construction cost ol rehab building
includ ng sile development and infrastruclure lor the
same as certified by Engineer.
(1, Actual Cost of construction ol rehab building
incurred as per the books o, accounts as verilied
by the CA.
Note.- for total cost ol conskuction incurred,
Minimurr ol (, or (1, is to be considered
(li, Cost lowards clearance ol land ot all or any
encumbrances including cost ol removal of
l€gal,4 legal occupanls, cost for providing temporary
lransit accommodation or rent in lieu ol Transit
Accommodation, overhead cost, amounts payable to
slum dwellers. lenanls, apanment owners or
appropr ate authority or government or
concessionaire which are not r€lundable and so on.
(ly) Cost ol ASR linked premium, fe€s, charges and
security deposits or maintenance deposit, or any
amount whatsoever payable to any authorities
towards and in project of rehabilitatlon.
(v) Any other cosl including interest incurred on the
borrowing done specifically for construction ol
rehabilitation component.
Sub - Total of Land Cost :
rrdRlq II[F{ {rdqt {n im-6, Ttr{R i gq-cR, 3ii_€t{a Qo-iq, t.q1/3 f,{i q..- ?x, II* t\xt

Sr. No Particulars Amount (Rs.)


(1) (2) (3)

Eslimaled lncurred

(i, Developmenl Cost / Cost of Construction :

(a) Estimated Cost ol Construction as certified by Engineer.


(b/ Actual Cosl ol construction incurred as per the books ol
accounls as verilied by the CA.(Minimum of (a) and (ii) has
to be considered).
(c) Expenditure for development ol entire project excluding
cost of conskuction as per (i) or (ii) above, /.e. salaries,
consultants tees, site overheads, development works,
cost of seryices (including water, electricity, sewerage,
drainage. layout roads elc.), cost ol machineries and
equipment including its hire and mainlenance costs,
consumables etc. All costs incurred to complete the
constructaon of the entire phase of the project registered.
(d) Paymenl ol Taxes, cess, fees, charges, premiums,
interesl etc. to any Stalutory Althority.
(e) lnterest payable to tinancial institutions, scheduled banks,
non-banking financial institution (NBFC) or money lenders
on construction funding or money borrowed lor conslruclion.
Sub-toial ol D€velopment Cost :

2 Tolal Cost ot lhe Project ( Estimated and Actual)


Proporlion of the Cost incurred on Land Cost and Construction
Cost to the Total Estimated Cost.
4 Amount Which can be withdrawn from lhe Designated Account.
Less: Amount withdrawn till date of this cedificate from the
Designated Account.
6 Nel Amount which can be withdrawn from th€ Designated Bank
Account under this c€rtificale.

This certiiicate is being issued lor REBA compliance lor lhe Company lPromolels Name] and is
based on the records and documents produced before me and explanalions provided to me by the
management of the ComPany

Yours Faithfuliy,

Signature of Chartered Ac{ountant


UD|N........ .. and [,lembership Number

Name
qiTIg It{? lT<ci qr.I qr{-6, rlt'4r{ + gq{ra, 3fr_€fdr{ l"-tq, ?"ll/.flf,{i {a- tr, vr* tfrt
ADDITIONAL INFORMATION FOB ONGOING PROJECTS
1 Estimated Balance Cost to Complete the Real Estate Project (Ditference of Total
Estimated Project cost less Cost incurred)
2 Balance amount ol receivables lrom sold apartments as per Annexure A to thas
certificate(as certilied by Chanered Accountanl as verilied from the records and
books of Accounts)
3 (i) Balance Unsold area (to be certified by Management and to be verified by CA
kom lhe records and books ol accounts), (ii) Estimated amount ol sales
proceeds in respect of unsold apartments (calculated as per ASR multiplied lo
unsold area as on the date of c€rlilicate, to be calculated and certified by CA)
as per Annexure A lo this certiticate
4. Estimaled receivables of ongoing project. Sum ol 2 + 3(l)
Amount to be deposited in Designated Account - 707" or 100"/"
lF 4 is greater than 1, then 70 o/o
ol the balance receivables of ongoing project
will be deposited in designated Account
lF 4 is lesser than 1, then 100% of the balance receivables of ongoing
project will be deposited in desiOnated Account
This certiticate is being issued for BERA compliance for the Company lPromote/s Namel and is
based on the records and documents produced belore me and explanations provjded lo rne by the
managemenl ol the company.

Yours Faithfully,

Signature ot Chadered Accountant


(UD|N............. and Membership Number ,')

Narne
riill{rg {T{Fr {FFr, qFr sr{-6, TE{rt i qq4l., 3i_d{{ io-lq, ?otl/qlf,{r t.-rr, {+ !1y1
Annexure A
Statement for calculation of Receivables trom the Sal6s ol the Ongoing Beal Estate Proiect
Sold lnventory
Sr. No Flal No. Caeet Ar6a Unit Consideration as Rscoived Balance
(in sq.mts.) per AgreemenrLBtlBr Receivable
of Allotmeni

Total

(Unaold lnvontory Valuatlon)


Ready Recknor Ratg a8 on the date ot Certiticate
ol lhe Reaidentiaucommorcial prsmiaos Rs. per am.

Sr. No. Flal No. Carpel Area Unit Consrderation


(in sq.mts.) as per Ready
Reckoner Bale (ASR)

Total
to riT{rglrTarrr|trrl qnqr{-lf, rJET{i{q4r{, qi'€i{{ fo-G, ?olt/{F{r tz-?r, rI&$rt
Annexure-lll
Model Form of Asreem-, . *r:l:i:"J.,Jl? Promoter and Allottee(s) ror Ploned
l,:teen
EXPLANATORY NOTE
This is a model form ol Agreement, which may be modilied and adapled in each case having regard
to the facls and circumslances of respective case but in any event, maner and substance mentioned in
those clauses, which are in accordance with the statute and mandalory according to the provisions ol the
Act shall be retained in each and every Agreement executed between the Promoter and Allottee. Any
clause in this agreement found contrary to or inconsislent with any provisions of the Act, Rules and
Regulations would be void ab-initio.
Model Form ol Agleement
This Agre€ment mad€ and executed this...................day ol ..................... in the y€ar.................
at............................, Ta|uka............................,District...................................
By and Betwoen
Name :.......................
Age about .....,............. years, occupation:
Besiding at.................
PAN ....................-.....
Hereinatter referred to as lhe "OWNERS/ DEVELOPERS/PROMOIERS", (Which expression shall
unless itbe repugnantto lhe context or meaning thereol shall mean and include their legalheirs, executors,
adminisirators, business assigns, lrustees, lransferees etc.).

................ Ol lhe First pad


AND
Name : .........,,,,...,......
Age about ....... years, o@upatrcn :

Residing at.................
pAN.................................

[Hereinatler lor the sake of brevity referred to as THE PURCHASEF/S, OR ALLOTTEE/S which
expression shall, unless repugnant to the contet be deemed to include his/ her heirs, executors,
administrators and assignees.l

Of the Second Parl


qtl{rqllrtrl{rq[, qFrqr{-6, TERil4{r(, qffi{{ qo-rq, totl/crf€r rz-?v, Ir*lqvr lt
WHEREAS:
A. DESCRIPTION OF THE LAND & PROPERTY:-
(Give Complete Becital of the Title Tal, Block No./S.N ....................., Village/Town of lhe Promoter
to the plot on which promoter proposes to develop the Plotling proiecl) AND
(Also specity)
fl) Any covenants attecling the said property.
fi, Any impediments attached to the said property.
(,;/, Any permission (il any) required lrom any Governmenl or Aulhority which atfects the title
lo the property and details of all such .equired permrssrons obtained.
(/v) Delails of mortgage o. lien or charg€ on the said property.)
B. TITLE CERTIFICATE : Th6 title of the owner/ promoler/ developer is duly v€rilied through their
advocale ........--.......................- and has certified thal lhe tille of the present owner/developer/promoter is
clean clearand fre€ from allencumbrance, with ample right ol development of the saidproperty, conshuction
lhereon, and sale ol the construcled Plots, as well as lhe enlire subiecl matter property or any parl
lhereol; The said title Cedilicate is liled herewith as Annexure.........
C. EXCLUSIVE RIGHT TO SELL AND DEVELOP: ln lhe circumstances, the Owner/Develope/
Promoter has the exclusive right ol plotting of ihe said and or lo developlhe said Land by plotting ol the
said land into various plols and other permined structures thereon, as per lhe approved layoul ol plots,
and lo enter into Agreements for Sale ol such plots etc. with prospective purchasers thereol under the
provisions o, the Transter ol Property Act.Ihe Owner/ Developer Promoterhas applied for, and is granted
due regrstraton under the provisions of the Real Estate IRegulation and Developmentl Act, 2017, and the
same is atlached herelo as Annexure
D. PURCHASER AGREES TO ACOUIRE: The Purchaser, after satistying himsell as regards
lhetitle ofthe Owner/Developer/Promoter to lhe said property, and after inspection olthe entire documenls
olttleasspecitiedintheabovereterredTitleopinionAnnexure............................andtheapprovedlayout
ol plots, and atter inspecting the site and satistying himselt/herselt as to the completion of the various
phases of work, and has now agreed to purchase the open Plot No.......... as specilied in Schedule A
written hereinafter [hereinatler for the sake ol brevity referred to as the "said Plofl. the Purchaser/s hay
have agreed to acquire Plol No. ..--...., admeasuring about .............. Hectare, at or lor the cons deration
and on the terms and conditions set out hereinatter: the said Plot No. .......... is hereinatter relerred lo for
the sake ofconvenience and brevityas'lhe said P ot'and is more padicularly described in the SCHEDULE_
hereunder wrtten and marked n Red on the Plan Schedule'B'.
E. INSPECTION OF TITLE DOCUITENTS/PLANS/LAYOUTS : The Purchaser/s has/ have
demanded from the owne/Developer/Promoter andthe owner/Developer/Promoter have given inspection
to the Purchaser/s of all the documents of title relating to the said Land, N.A. Assessmenl or the
approved layouts, in respect of ihe said Plot, and the common areas, amenities and the specific rights
therein, as hereby agreed to be sold.
F. INDEPENDENT VERIFICATION OF TITLE BY PURCHASER I The Purchaser/s has/have,
before the execution hereof, had the title ofthe Owner/Develope/P.omoter lhereto independently verified
through lhe Legal Counsel/ Advocate ol the Purchase/s and the Purchaser/s has/have satisliod himselfl
herself/themselves that the same is lree lrom all encumbrances, and is clear and marketable.
G. CONSIDERATION: After being satsfied with the Title as above, the Purchaser herein made
an otfer lo the Promoter herein lo purchase lhe said Plot in accordance with theapproved layout ol
plots, and with the said intention deposited a sum of Rs. .... (Rupees
..... Only) vde Cheque No. ........... daled ....................... drawn on .......................
Bank,....................... Branch being the part payment oul of the lump sum tolal Sale-price ol
Rs. ........................ [Rupees ....................... Only] against and in consideralion of the said Plot agreed to
be sold by the Owner/Developer/Promoter to the Purchaser, as an advance payment, the payment and
receipt of which advance amount the Owner/Developer/Promoter hereby admil and acknowledge. The
Purchaser has agreed to paytothe Owner/Developer/Promoter, in such name and as per their directions,
the entire balance ol the sale-price in the manner as menlioned in lhe Schedule E hereunder written,
and which payment is deemed to be the essence of these presenls;
1! CiT{rg In{r;l rrdqr qrrr qr.,6, rliiaR a slilr{, qi€i( io tq, ?o?l/3{rf,{l ?2.-?y, Itis tl.r
NOW THESE PBESENTS WITNESSETH ANO IT IS HEFEBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS :-
1. PURCHASE AND SALE OF THE PLOT:
1.1 . The Purchaser/s has/have agreed to acquire and Owner/Developer/Promoter has agreed
to sell the said Open Plot No. ......... admeasuring ........... sq.mtr, and the right lo construct thereon,
as persanction plans to the Purchaser, forthe l!mpsum consideraiion and on theterms and conditions
sel out hereinafter, and which Plot is more particularly described in the Schedu/e /4 and specilied
in Pla Schedule B hereunder written:
1.2. The said Plot agreed to be acqurred by the Purchaser/s herein shall be provided only and
only with the common amenilies and faciljties as per the specilications, which are set out in the
Annexure ........-..............--...... hereunder written;
2. CONSIDERATION r

2.1. LUMP SUM CONSIDEBATION AND EXCLUSIONS:


As mentioned above. the Owner/Develop€/Promoter herein agreed to sell to the Purchaser/s
and the Purchaser/s has,fiave agreed to purchase lrom the Owner/Developer/Promoter the said
open Plot inclusive the specilicalions mentioned in the Annexure .............................-. at or lor the
mutually agreed lurnp sum consideration of Rs .. only) and the Purchaser shall
make the payment ol the same in the name of ' ..............................." or such other name as may be
specified lrom time to time by the Owner/Developer/Purchaser: and the said consideration amount
is excluding expenses for stamp duty and registralion lees. GST and ALL other taxes, expenses,
etc., and also all the other outgoings as menlioned heroin below which will be paid by the Purchaser/s
separalely as agreed and specified.
2,2 TIME PERIOD FOR POSSESSION :

The possession ot the said Plot agreed to be purchased by the Purchaser/s shall be handed
overto lhe PurchaserA by the Owner/OeveloperPromoter before ....... on receipt ot the entire amount
of the purchase price of the said Plot and other charges as agreed. The Purchaser/s shall take
possession of the said open Plot wilhin fifteen days]two months lr/s 19(10)l ol lhe Owner/Developer/
Promoter giving wdtten notice to lhe Purchaser/s intimaling the same and after complying wi$ all necessary
legal tormalities, and eflecting necessary paymenl as per agreed schedule.
2.3 DELAY IN HANDING OVER POSSESSION BY OWNER/DEVELOPER/PROMOTEB/
CONSENTING PARTY:
It is agreed between the parties hereto thal if the Owner/Developer/Promoter lails to give
possession of the said Plot in accordance with the terms ol this Agreement within the stipulated
period as mentioned in clause 2.2 ..-...-........ hereanabove or within furlher mutually agreed poriod [and
a period of three months thereatter,lor if, ihe Owne/Developer/Promoter and/orilsAgents for roasons
beyond its control, are unable to give possession of the said Plot by the said date and after a period
of h[o months il those reasons still exist, thon in such case, Owner/Developer/ Promotershall, without
prejudice lo its righls reserved hereunder, be liable on demand ol the Purchaser/s to relund the
amounts akeady received by il in respect of the said Plot from the Purchaser/s with simple interest
thereon at such rate ot inlerest as prescribed under the provisions of the REBA Act, 2017, and the
Rules made thereunder, per annum, lrom the date it received the same till the date the arnounts and
interest lhereon is refunded to lh6 Purchaser/s.
3. MAINTENANCE OF THE PLOT/LAYOUT:
Commencing the week alter Notice in writing is given by the Owner/Developer/Promoter to lhe
Purchaser/s that the said Plot is ready lor use and occupation and intimation ol the same is received by
lhe Purchaser/s from lhe Owner/Developer/Promoter, the Purchaser/s hereby agree/s and bind/s himselt/
herself/themselves to pay to the owner/Developer/Promoter, changes for common service if any.
qr{rqrmirTnFEr qFrqr{-r6,5Er{ +Eq4R, 3r-€t{{ co-iq, ?o$/qfk{ lz-?r, II+ lqrl lt
4. FORMATION OF FINAL BODY OF PUBCHASERS I

The Owner/Develope/Promoter shallon execution of registered agreementtor sale by 51% purchasers


lorm within the peiod of 3 months lrom handing over possession of the last unsold Plot lo the concemed
Purchaser, in of the said Complex, shall lorm a Co-operative Housing Sociely governed by lhe provisions
ol the Maharashtra Co-operatave Societies Act, 1960 or such other body as may be deemed lit by the
ownersi/promoters and Owne/Developer/Promoler of which all the purchasers of Plots shall be bound to
become and be admitted as members.
5. NO RIGHTS TO OEMANO SUB.DIVISION:
Ths Purchaser/s of the P oyPlots agreed to be sold hereunder and all the other purchasers of Plots
in the said Land shall not have any right to make sub-division of the Plot and always subiect to the
applicable rules, regulations and bye-laws.
Purchasers shall not have individual right, title, claim or interest in respect ol the amenity spaces,
open spaces and the said enlire Land and lhe righls of the Purchaser/s are confined only to the PloVPlot
hereby agreed to be sold, il being expressly agreed subjecl to lhe applicable rules, regulalions and
bye-laws.
6. UNSOLD PLOTS:
ln case the Conveyance is execuled in lavour of the Ullimate Body before the disposal by the
Owner/Developer/Promoter of all lhe plots on the said Land, then in such case, the Owner/Developer/
Promoter shall ioin an the LJltimate Body as members holding such unsold plots and as and when such
Plots are sold to third pady at the discretion of the Owner/D€veloper/Promoter, the Ultimate Body shall
admit as members the Purchasers of such plots without charging any premium, transter lees, or any other
extra payment.
7. REPRESENTATIONS AND WARRANTIES OF THE OWNEB/DEVELOPER,/PROMOTER :
The Promoter hereby represents and warranls to the Allottee/Purchaser as iollows:-
/a) The Promoter has clear and marketable title with respect to the prolect land/Plot; as declared
in the tille 16port annexed to this agreement and has the requisite rights to carry out developmenl
upon lhe projecl land and also has actual, physical and legal possession of the proiect land lor the
implementalion ol the Projecl: The promoter has also obtained the necessary N.A. permission fiom
competenl authority ;

(b) The Promoter has lawful rights and requisite approvals trom the competent Authorities to
cary out development of the Projectand shallobtain requisite approvals from time lo time locomplele
the development ol the proiect;
(6/ There are no encumbrances upon the project land or the Proiecl except those disclosed in
the title report;
(d) There are no litigations pending belore any Coud ol law with respect to the proiect land or
Project excepl those disclosed in the title reportithere are no prohibitory orderlor transferol the plot.
le) All approvals, licenses and permits issued by the competent authorities with respect to the
Project, proiect land and said building are valid and subsisting and have been obtained by lollowing
due process of law. Further, all approvals, licenses and permils to be issued by the competent
aulhoritieswith respecttothe Project, poecl land andsaid building/wing shall be obtained byfollowing
due process of law and the Promoter has been and shall, at all timss, remain to be in compliance
with all applicable laws in relation to the Proiect, proiect land, Building/s and common areas;
(, The Promoter has the right to enter inlo this Agreement and has not committed or omitted
to perform any act or lh ng, whereby the righl, title and interest of the Allottee created herein, may
projudicially be atlected;
(g) The Promoter has not enlered into any agreement for sale and/or development agreemenl
or any olher agreem€nvafiangement with any person or party with respectto the proiect land, including
the Projectand lhesaid Plotwhichwlll, n any manner, aflectthe rights of Allottee under this Agreement;
qlT{rg Yrr{?rtnirlil qFr irl{-6, TEr{iIq{r{, s-{Ut€ qo-lq, ?otq/slf}E{ rZ-?Y, II& Qlrt
(h) The Promoter confirms that the Promoter is not reslricled in any manner whalsoever from
selling the said Plot lo the Allonee in the manner contemplated in this Agreemenl;
(, The Promoter has duly paid and shallconlinue to pay and discharge undisputed govemmentai
dues, rates, charges and laxes and other monies, levies, impositions, premiums, damages and/or
penalties and otheroutgoings, whalsoever, payable with respect to lhe said project to the competenl
Authoritiesi

,) No notice from the Govemment or any other localbody or authority orany legislative enactment,
gov€mmenl ordinance, order, notilication (includingany notice for acquisitaon or requisition ol the said
property) has b€en received or seNed upon the Promoter in respect ol lhe proiecl land and/or lhe
Proiect except those disclosed in the title repod.
(k) The promoter shall obtain all such insurance as may be notilied by the Govemment ol
Maharashtra:
f, Title of land as a part of real estate projecl.
8. PAYMENT OF STAMP OUry/REGISTRATION FEES/ EXPENSES:
It is hereby expressly agreed thatthe Purchaser/s shallbearthe Siamp Dutyand Registralion Charges
payable on thisAgreement and alldocumenls executed by the Owner/Developer/Promoler pursuant hereto
including but not restricted to lhe proportionate Stamp Duty payable on the Deed ol Conveyance of the
specilied parts oi the land and any building within the said Complex which may be executed by the
Owner/Developer/Promoter or Consenting Pady in favour of the Association/ condominium/ society ol all
Plot purchasers in the said project.
9. ENTIRE AGREEMENT :
This Agreement, along with its schedules and annexures, conslitutes the entire Agreement between
the Parties wilh respect lo the subject matter hereof and supersedes any and all understandings, any
other agreemenls, allotment letter, correspondences, arrangemenls whetherwritlen ororal, il any, between
the Parties in regard to the said apadmenyploLbuilding, as lhe case may be.
10. FURTHER ASSURANCES:
Both Parties agree that they shall execute, acknowledge and deliver to the other such inslruments
and take such other actions. in additions to the instrumenls and actions specilically provided tor herein'
as may be reasonably required n order to eflectuate lhe provisions ol this Agreement or oi any transaclron
contemplaled herein or to conlirm or perfect any dght to b€ created or kansferred hereunder or pursuant
to any such lransaction-
11. ADDRESS FOR SERVICE:
Thal all notices to be served on the Allottee/Purchaser and the Promoter as conlemplat€d by th s
Agreement shallbe deemed to have been dulyserved if senl to lhe Aliottee orthe Promoter by Registered
Posl A.D and notilied Email lD/Under C€rlificale of Posting attheir respective addresses specified below I

Name of Allottee/Purchaser
(Allotlee's Address)
Notilied Email lD : ...............

I\r/s. Promoler Name


(Promoter Address)
Notified Email lD:....
It shall be the duty of the Allottee and the promoter to inrorm each other of any change in address
subsequent to the exeaution of this Agreement in the above address by Begistered Post tailing which all
commJnications and letters posted aathe above address shall be deemed to have been receaved by the
promoter or the Allottee, as lhe case may be.
rlr{rgIrrf{ nqq, {I.rnI.-6, TFaI.i$-ar{, cffi{.qo-lt, totl/3rf,{< ?.-?r, r[s$Yq 1\
12. DISPUTE RESOLUTION:
Any dispute between parties shallbe settled amicably by lollowing conclliation proceedings. ln case
ol tailure lo settle the dispute amicably, the same shallbe decided as perthe p.ovisions otthe Real Estate
(Regulation and Developmenl) Acl, 2016, Rules and Regulations, thereunder.
13. GOVERNING LAW :

That the rights and obligations olthe parties underorarising oul ofthis Agreement shall be conslrued
and enforced in accordance with the laws of lndia for the lime being in force and the
courts within whose local limils lhe property is situaled wlll have the iurisdiction lor this Agreement.
lmpodant Note.-Please insert any otherterms and conditions as perthe contractual understanding
between the panies, however, please ensurethatsuch addilionalterms and conditions are nol in derogalion
ol or inconsistent with the provisions ot the said act and any olher governing law lor lirne being in force
and the Rules and Regulations made thereunderl.
Note.-Testimonial clause to be finalized in individual cases having regard to the constitution ol the
parlies to the Agreement.
LIST OF ANNEXES
Annexure "A" Tille Certificate.
Annexure "B' 7112 Exldecls.
Annexure "C" Approved Layout of Plots.
Annexure "D" Aulhenticated Copy ol the approved layout showing lho specific plot, subjectmatter
of lhese presents.
Annexure "E' List of Common Areas, and Amenities to the provided under these presents.
Regiskation Certilicate of the Project granted by the Real Estate Regulalory
Authority.

DF. VASANT PRABHU,


Secretary, lrahaRERA.

You might also like