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1_25 Pag Agreement Sai Suman
1_25 Pag Agreement Sai Suman
1_25 Pag Agreement Sai Suman
AGREEMENT
Ward No.
Flat / Shop No.
Market Value :
----
l Actual Value :
Mr./Mrs.Miss. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Mr./Mrs.Miss. _ _ __ _ _ _ _ _ _ _ _ _ _ __
Mr./Mrs.Miss. - - - - - - - - - - - - - - - - - , - - - - -
Age ____ years, Occupation_ _ _ _ __ _
having address at
---------------
OTHER PART:
Page 3 or 31
The Promoter has confirm that the project land is free from all
encumbrance.
I
ii
'I
1.,
I
Page 7 of 31
AND WHEREAS the Promoter has registered the Project under the
provisions of the Act with the Real Estate Regulatory Authority at
Mumbai no. PS 1700018433 authenticated copy is attached in
Annexure 'F';
nnd V\l and Xll or nny other relevant revenue record showi
ng the
nature of the title of the Promoter to the project land on
which the
Flat/Shops are constructed or are to be constructed have been
annexed
hereto and marked as Annexure 'A', respectively.
stipulatio
ns and restrictions which arc to be observed und performed
by the Promoter while developing the project lund und the suid
b 'Id'
u, mg and upon due observance und perfonnnncc of which only the
completion or occupancy certificate in respect of the snid building/s
shall be granted by the concemed local authority.
AND WHEREAS. the Promoter hns registered the Project under the
pro,i sions of the Act the Real Estate (Regulation & Redevelopment)
Act, 2016 with the Real Estate Regulatory Authority nt no.
PS1700018433
l.a (i) AND WHEREAS the Allottee /Alloties is the existing tenant/
occupant has occupied flat/shop - having area ___ Sq.ft. and
approach the Promoter for redevelopment of the said flat/shop as
more then 25 years old and not in condition in repair as per the mutual
understanding between the Promoter and Allottee/s· they have
mutually agreed for redevelopment of the property on the terms &
conditions mention herein under:
Existing tenant /occupant is having flat/shop no. _ _and
. area of - ~ sq·ft· as per memorandum of understanding
measurmg
executed between both the parties.
Page 11 of 31
I(d) The Towl Price above inclusivc Taxes (consisting of tax paid or
puyablc by the l'romolcr by way of taxes which includes GST etc. or
any other similar taxes which may be levied, in connection with the
conBlruction of and carrying out the Project payable by the Promoter)
up to lhc date of handing ov<-'T the possession of the [Flat/Shop],
I(f) The Promoter may allow, in its sole discretion, a rebate for early
payments of equal installments payable by the Allottee by discounting
such early payments @ __% per annum for the period by which the
respective installment has been preponed. The provision for allowing
rebate and such rate of rebate shall not be subject to any
revision/withdrawal, once granted to an Allottee by the Promoter.
I(g) The Promoter shall confinn the final carpet area that has been
allotted to the Allottee after the construction of the Building is
complete and the occupancy certificate is granted by the competent
authority, by furnishing details of the changes, if any, in the carpet
area, subject to a variation gap of three percent. The total price
payable for the carpet area shall be recalculated upon confirmation by
the Promoter. If there is any reduction in the carpet area within the
defined limit then Promoter shall refund the excess money paid by
Allottee within forty-five days with annual interest at the rate
specified in the Rules, from the date when such an excess amount was
paid by the Allottee. If there is any increase in the carpet area allotted
to Allottee, the Promoter shall demand additional amount from the
Allottee as per the next milestone of the Payment Plan. All these
monetary adjustments shall be made at the same rate per square meter
as agreed in Clause l(a) of this Agreement.
Page 13 of 31
3. The Promoter hereby declares that the Floor Space Index availab
le
as on date in respect of the project land is 1900 square meters
only
and Promoter has planned to utilize Floor Space Index in projec
t
including by availing of TOR or FSI available on payme
nt of
premiums or FSI available as incentive FSI by implementing variou
s
scheme as mentioned in the Development Control Regulation or
based
on expectation of increased FSI which may be available in future
on
modification to Development Control Regulations, which
are
applicable to the said Project. The Promoter has disclosed the
Floor
Space Index of _ _ _ as proposed to be utilized by him
on the
project land in the said Project and Allottee has agreed to purcha
se the
said Flat/Shop based on the proposed construction and sale
of
Page 14 of 31
4.1 If the Promoter foil s to abide by the time schedule for completing
the project and handing over the [Flat/Shop J to the Allottee, the
Promoter agrees to pay to the Allottcc, who docs not intend to
withdraw from the project, interest us specified in the Rule, on all the
amounts paid by the Allottcc, for every month of delay, till the
handing over of the possession. The Allollcc agrees lo pay to the
Promoter, interest as specified in the Ruic, on all the delayed payment
which become due and payable by the Allottec to the Promoter under
the terms of this Agreement from the date the said amount is payable
by the allottee(s) to the Promoter.
~. Th,, nx1111·1)11 1111tl 111111111,11 WIiii 1·uu111·11 111 lhu l111orl11K 1111tl Nlllllllll'Y
ll1tl1111,11 1111d 111111mltlu11 lll<u rn1u 11r 11111ru 1111 11 wllh p111·1loul11r hrund, or
pl'luo 1·1111~0 (II' 1111h1•1111llutl) to ho provklutl hy lhu l'rw11011,r 111 lhu uuld
h11lllll11 a 111\\I lhu Flnt/Hhop 1111111'0 1101 OUI 111 An,umm, 'I~'. 111111oxcd
hi.ll'U ltl.
<,. Tho 1'1·1Hnoll11' 1:1 h11II Blvu prnmu11u lo11 ol' l11u l'lul/Shop In lhc l\llollcl.l
011 or bulhrn ............... tiny of ............ .20 , II' thu l'ru11101or f'ullNor
11uslui.:1s lo glvtl poH1:1uH11lon of Uw 111111/Nhop lo lhc l\llullco 0,111coo un1
or l'\lll1:1011H b1.1yo11u hlH IJOllll'lll 1111d uf 11111 111!,lllll/l hy lht.1 uf'mc1111ld dutc
thun tho Promol1J1· Hhnll be llnblo 011 dum1111d lo n,1 l'uml to thl.l l\llollcc
thl.l nmountA 11lrcudy rucolved by 111111 In 1·oup1.a.:I. ol' lhti 1'1111/Shop with
lnlllt'UHI. Ill lho Hlllll\l l'IIIUIIH m11y monllonud 111 lhc CIIIUfJC 4.1 herein
11bove l'rom lhu d11lu lhu Prnmulor rucclvcd lhti 11u111 till lhc dote lhc
umounls und lnluroHl thuruon IHrupuld.
Provlclotl lh11t the Prumolur Hh11II bu cnlillod lo ruuH011ubll.l l.lXl1.:1wiun ol'
lime for giving dollvery ol' 111111/8hup on lh1.: ulorcMuid dulo, ii' the
com1>lclion of building In which the Flut/8hup iHlo be 11iluutcd i11
duluycd on nccounl of -
(i) wur, civil commotion or uct of God ;
(ii) Non-nvuilnbillly ol' 11lcel, c1.:1111mt, other buildin g material
wulcr or clcclrl1.: supply;
(iii) Any nolico, order, rule, nolilicution ul'lhc Uovernmenl
uncl/or other public or competent uulhorily/1.:ourt.
7.2 The Allottee shall take possession of the Flat/Shop within 15 days
of the written notice from the promoter to the Allottee intimating that
the said Flat/Shops are ready for use and occupancy:
7.4 If within a period of five years from the date of handing over the
Flat/Shop to the Allottee, the Allottee brings to the notice of the
Promoter any structural defect in the Flat/Shop or the building in
which the Flat/Shop are situated or any defects on account of
workmanship, quality or provision of service, then, wherever possible
such defects shall be rectified by the Promoter at his own cost and in
case it is not possible to rectify such defects, then the Allottee shall be
entitled to receive from the Promoter, compensation for such defect in
the manner as provided under the Act.
8. The Allottee shall use the Flat/Shop or any part thereof or permit
the same to be used only for purpose of residence/office/show-
room/shop/godown for carrying on any industry or business.(*strike
of which is not applicable) He shall use the parking space only for
purpose of keeping or parking one vehicle only [two wheeler or four
wheeler].
and duly fill in, sign and return to the Promoter within seven
days of
the same being forwarded by the Promoter to the Allottee,
so as to
enable the Promo ter to register the common organization of
Allottee.
No objection shall be taken by the Allottee if any, change
s or
modifications are made in the draft bye-laws, or the Memo
randum
and/or Articles of Association, as may be required by the Regist
rar of
Co-operative Societies or the Registrar of Companies, as the
case may
be, or any other Competent Authority.
11 . The Allottee shall pay to the Promoter a sum of Rs. ---- for
meeting all legal costs, charges and expenses, including professional
costs of the Attorney-at-Law/Advocates of the Promoter in connection
with formation of the said Society, or Limited Company, or Apex
Body or Federation and for preparing its rules, regulations and bye-
laws and the cost of preparing and engrossing the conveyance or
assignment of lease.
i. The Promoter has clear and marketable title with respect to the
project land; as declared in the title report annexed to this agreement
and has the requisite rights to carry out development upon the project
land and also has actual, physical and legal possession of the project
land for the implementation of the Project;
ii. The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and
shall obtain requisite approvals from time to time to complete the
development of the project;
iii. There are no encumbrances upon the project land or the Project
except those disclosed in the title report;
iv. There are no litigations pending before any Court of law with
respect to the project land or Project except those disclosed in the title
report;
vi. The Promoter has the right to enter into this Agreement and has
not committed or omitted to perform any act or thing, whereby the
right, title and interest of the Allottee created herein, may
prejudicially be affected;
Pose 20 of 31
vii. The Promoter hns 1101 entered into nny ngrecmenl for sulc 1111<.J/or
clcvclopmcnl 11grec111ent or uny other ugrecmcnt / urrungemcnt with
nny person or p111'ly with respect to the project land, including the
Project und the snid [Flut/Shopl which will, in uny manner, uffcct the
rights or Allottcc under this Agreement;
viii. The Promoter confirms thnl the Promoter is not restricted in any
mnnncr whntsoever from selling the snid [Flat/Shop] to the Allottec in
the manner contemplntecl In this Agreement;
x. The Promoter has duly paid and shall continue to pay and discharge
un disputed governmental dues, rates, charges and taxes and other
monies, levies, impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the said project
to the competent Authorities;
xii. The PROMOTERS shall have the right to make additions and/or
alteration raise or put up additional structures, as may be permitted by
the authorities on the terrace or the said land and/or grant right of way
from the said land for development of any property adjacent to this
property. If any portion of the said land is acquired or notified to be
acquired by the Government or any other public body or authority, the
promoters shall be entitled to receive all the benefits in respect of
thereto and/or compensation FSI or all other benefits which may be
permitted in lien thereof.
xiii. The PROMOTER shall be entitled to sell the premises in the said
building for the purpose of using the same as bank, dispensaries,
nursing homes, maternity homes, coaching classes and for the non-
Page 21 of 31
residential purpose and the Allottee herein along with the other
Allottees shall not raise any objection for such non-residential use of
the premises sold by the Promoters to the intending Allottees.
xiv. THE Allottee herein has desired to avail the special amenities
over and above the general amenities as mentioned in the Annexure
hereto and the Allottee has agreed to pay the extra consideration as
mentioned in the supplemental agreement for providing amenities it is
further agreed and understood by and between the parties that the said
amenities shall be provided only on payment of installment as
mentioned in the supplemental agreement and that such agreement
shall form a part and parcel of this agreement.
the Flat/Shop itself or any part thereo f wit. hou t the consent of the local
authorities, ifrequired.
ii. Not to store in the Flat/Shop any goo ds w h1·ch are of hazardous
'
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the bm-1d.mg ID·
w
hich the Flat/Shop is
. .
situated or storm g of whic h goo ds 1s
• b. ted to by the concerned
o ~ec
local or other authority and shall take care whil
e carrying heavy
packages wh1c . h may damage or likely to damage the stair
cases,
common passages or any other structure of the build
ing in which the
Flat/Shop is situated, including entrances of the build
ing in which the
Flat/Shop is situated and in case any damage is caus
ed to the building
in which the Flat/Shop is situated or the Flat/Shop
on account of
negligence or default of the Allottee in this beha
lf, the Allottee shall
be liable for the consequences of the breach.
refuse or pennit
vi. Not to throw dirt, rubbish, rags, garbage or other
compound or any
the same to be thrown from the said Flat/Shop in the
h the Flat/Shop is
portion of the project land and the building in whic
situated.
of demand by the
vii. Pay to the Promoter within fifteen days
by the concerned
Promoter, his share of security deposit demanded
ricity or any other
local authority or Government or giving water, elect
Shop is situated.
service connection to the building in which the Flat/
r charges, insurance
viii. To bear and pay increase in local taxes, wate
by the concerned
and such other levies, if any, which are imposed
public authority, on
local authority and/or Government and/or other
the Allottee for any
account of change of user of the Flat/Shop by
purposes other than for purpose for which it is sold.
T
IR IJINDINO E/IFE( ,,N11111
, hy 1h 11 /lm11u11w· do
Forwarding.. rhls· Agr, oe 111 e111 to th e AllnlhJtJ
u,· o, • 1/1 1,1 Allu11 ot1
II 1g ob llg nr lo n on th d pnrt o/' rh o l'mmor
crcnte bindl1 1w 111 u111 wlr/1 11//
A /lo tte e sig ns nnd dullv~H 'NtltlH t\g
until, firstly, rho /11l1i11/ 111 th o
nl on g wi th rhe pn ynrenlN c/11 0 nH tillp11
llie schoclulos 1'1J1Julp1 hy 1/1 11
ith in 30 (th lrly) dn ys from fhu <11110 o/'
Pnym ont Pinn w llll tJ he/iwc tir e
nd ly , 11 pp on rs fo r roglsfrntlon of 1h 11 Hl
Allolleo nnd seco Pmmotu,•, II'
gi str nr os on d wh en lnrln1111 ed hy tlt i;,
concerned Suh-Re l'mmol cr tltl1,
fo ils lo ox oc uf o ond de/lv tir fo th e
the Allotr.ee(s) ro oi;, lpl hy rit e
in 30 (th irty) dn ys from th e dufo o/' 1111
Agreement with J-ll Hll'llll1111 11n
pe or be fo re rho S1 1h-Reglsln11· /br II H l'C
Allollee nnd/or op Hl1111/ Hl:l l'V c 11
d by the Pr om ot er , then /ho l'mmof el'
and when intimate tho defoull, which I/'
not rticlI/led
tte e fo r re cti fy in g
notice to tl1e Allo 1l1 u Allol/01:1,
en ) clo ys fro m the dole of Its nioc, lpt hy
witl1in 15 (fifte mHI 11II HIIIII H
c A llo lte c sh ol l be lrcufod ns cnncclltid
applicalion of tl1 t lt1 cludln s th e
rJ1e A llo tte e in connection rh orowll/
deposited by 11t ,rny l111on.,Rt
sh n/1 be re tu rn ed lo rho Alloff.oo wllho
booking amount
tsoever.
or compensation whn
EMENT
19 . ENTIRE AGRE co11NlilulcN
g wi th its sc he du les nnd 1111,wxurc.~.
on
This Agreement, nJ rlies wilh rcspcc r lo
llr u Hu bject
t be tw ee n th e Pn
rhe enlire Agreemen d nil 1111<l crsl1111cli11g.~.
uny oll1cr
pe rsede s nn y nn
matler hereof and su on dences, 111T1111gorncn1
.~ wh uth cr
t Jelle r, co rre sp
agreemenls, allotmen Pu rLics in rc gurd ro
th e s11ld
an y, be tw ee n lhu
written or ornJ, if
ns the case mny be .
FJaUShop/building,
END
20 . RlGHT TO AM co nsc11t o/' the
may only be amended through wriu cn
This Agreement
Parties .