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l flat no B 603 prathamsh haroney Agreement
l flat no B 603 prathamsh haroney Agreement
l flat no B 603 prathamsh haroney Agreement
THIS AGREEMENT FOR SALE is made and entered into at Ulwe, Navi Mumbai, and
Tal. Panvel, Dist. Raigad on this 15 day of _may _2024 BETWEEN M/S.
PRATHMESH CONSTRUCTION PROPRITORY FIRM OF MR. AJIT SINGH an adult,
Indian inhabitant, is having office at Shop No.32, Ground Floor, Shiv Chambers,
Sector-11, C.B.D. Belapur, Navi Mumbai, Tal. & Dist. Thane, hereinafter for
brevity’s sake is called and referred to as “THE DEVELOPER/ SUBSEQUENT NEW
LICENSEE” (which expression shall unless it be repugnant to the context or meaning
thereof be deemed to mean and include his heirs, executors and administrators and
assigns) of the ONE PART
AND
AND WHEREAS the State Government is, pursuant to section 113(3) (A) of the
said Act, acquisition lands described therein a vesting such lands in the Corporation
for development and disposal.
AND WHEREAS the Original Licensee due to his personal difficulties was
unable to develop the said plot by constructing building thereon and decided to assign
all his right, title, interest over the said plot in favour of any prospective Assignee /
New Licensee with the prior permission of CIDCO Ltd. And other competent authority.
AND WHEREAS the New Licensee due to his personal difficulties was unable to
develop the said plot by way of constructing building thereon and decided to assign all
right, title, interest over the said plot in favour of any prospective Assignee /
Subsequent New Licensee with the prior permission of CIDCO Ltd. And other
competent authority.
AND WHEREAS MR. SACHIN LAXMAN PATIL New Licensee of plot had made
an application to the CIDCO Ltd. For its permission to assign/ transfer of the license
and all other right, title over the said plot in favour of M/S. PRATHMESH
CONSTRUCTION PROPRIETORY FIRM OF MR. AJIT. S. SINGH and CIDCO Ltd. On
payment of transfer fees by the Subsequent New Licensee had granted the permission
of transfer of the said plot and entered into Tripartite Agreement on 13 th April 2011
executed between CIDCO Ltd. The party of first Part AND MR. SACHIN LAXMAN
PATIL, the New Licensee the party of Second Part AND M/S. PRATHMESH
CONSTRUCTION PROPRIETORY FIRM OF MR. AJIT S. SINGH the Subsequent New
Licensee has released, relinquished, and transferred all his right, title & interest in
favour of the Subsequent New Licensee. The Said Tripartite Agreement duly stamped
& registered with the Concerned Sub Registrar of Assurances Panvel-2 vide under
Registration Sr. No. URAN /03506/2011 dated. 15th April 2011. The CIDCO Ltd.
On furnishing of registered copy of tripartite Agreement has transferred the said plot
in the name of M/S. PRATHMESH CONSTRUCTION PROPRIETORY FIRM OF MR.
AJIT S. SINGH.
AND WHEREAS the Subsequent New Licensee / Developer herein of plot has
submitted the building plan through his ARCHITECTS M/S. DESTINATION
PROPRIETORY FIRM OF MR. DHARMESH V. BHALANI to the Town planning
Department of CIDCO Ltd. For its approval to construct Residential cum Commercial
Building consist of Ground + Six ( 06 ) Upper floor on the plot bearing No. 134 and
the same approved vide under Development Permission & Commencement Certificate
bearing No. CIDCO/ATPO [BP]/1679/2011 DTD. 11TH November 2011 issued by
The Additional Town Planning Officer Navi Mumbai & Khopta. The Town Planning
Dept. of CIDCO Ltd. Had permitted to construct residential building thereon by the
Developer / Subsequent New Licensee herein and shall observe all the terms &
conditions, stipulation & restrictions which are laid down by the sanctioning authority
or any other Governmental or local Authority for the purpose of development of the
said plot and upon the observance of which only the completion and the occupation
Certificate in respect of the said proposed building / s shall be granted by the
concerned local authority i.e. Town planning Dept. Of CIDCO Ltd. The copies of the
Commencement Certificate are annexed hereto and marked Annexure “C”.
AND WHEREAS Developer/ Subsequent New Licensee of plot has entered into
as agreement with the ARCHITECT M/S. DESTINATINATION PROPRIETORY FIRM
OF MR. DHARMESH V. BHALANI registered with the Council of Architect having
office at Office No.5, Casablanck Building, Plot No. 45, Sector- 11, C.B.D., Belapur
and also appointed M/S. B.S. SUKTHANKAR & ASSOCIATES, Having office at 412,
Vardhaman Market, Plot No.75,Sector-17, Vashi, As R.C.C. Consultant / Structural
Designer for preparing structural designs, drawing & specifications of the Building
and the unit purchaser /s has / have no objection to the professional supervision of
the said Architect and the structural Engineer till the Completion of the Building
unless otherwise changed.
AND WHEREAS the Developers / subsequent New licensee herein has decided
to sell the units / flats of building to be constructed on the said plot to be known as “
PRATHAMESH HARMONY” consisting of Ground & six (6) Upper Floors to the
prospective purchasers on ownership basis by way of entering in to, executing the
requisite deeds, documents as require under The transfer of Property Act 1882 and
The Maharashtra Ownership Flat ( Regulation of the Promotion of Construction, Sale,
Management and Transfer ) ( Amendment ) Act, 2005 ( Act no. 4 of 2008 w.e.f. 25 th
February 2008 ).
AND WHEREAS the said Corporation i.e. the City and Industrial Development
Corporation of Maharashtra Ltd. (CIDCO) is a Government Undertaking. The
Corporation is the New Town Development Authority declared for the area designated
as a site for the New Town Of Navi Mumbai by the Government of Maharashtra in
exercise of the power under Sub-section (i) & (3-A) of section 113 of The Maharashtra
Regional and Town Planning Act 1966 ( Maharashtra XXXVI of 1966 ) hereinafter
referred to as “the said Act”) In pursuance of the power under section 113 (A) of the
said Act, the Corporation was vested with the said property by the state Government.
Since the allotment of the said property is by State Government pursuant to the
provisions of the said Act, certain clauses regarding 6/12, 7/12 property card and
such further annexure of the said property required to be annexed to the present
Agreement as specified in Rule 5 of the Maharashtra Ownership Flat Rules, 1964 so
far as the aforesaid particulars are concerned shall not be applicable to the present
Agreement which the purchaser/s hereby agrees and confirms.
AND WHREAS the copy of Certificate of the Title issued by the AJEET SINGH &
ASSOCIATES Proprietor Advocate AJEET V. SINGH, Which Confirms the nature &
title of the said plot on which the said proposed building to be constructed has been
annexed hereto and marked Annexure “B”.
AND WHERAS under Section 4 of the Maharashtra Ownership Flats
(Regulations of the promotion of construction, sale management and transfer) Act
2005 (Mah. Act. 4 of 2008) w.e.f. 25/02/2008 as amended The Developer will be
required to register the said Agreement under The Registration Act. 1908. Subject to
purchaser shall pay the stamp duty & registration fees will be demanded by concerned
authority.
AND WHERAS the developer will enter into separate agreements in similar form
to this agreements with such changes and alterations as they may deem fit with
several other persons and parties who may agree to purchase, acquire unit/flat or
other premises in the said building on ownership basis on the same terms &
conditions as are contained herein expect and subject to such medications as may be
necessary or considered, desirable or proper by the Developers.
AND WHERAS the area of the premises as per guide line of Government of
Maharashtra mentioned as carpet and built-up area of the same will be calculated and
includes the full thickness of internal & external walls, toilets, bathroom, passage,
adjacent chargeable terrace, staircase, lobby, lift-well, duct and any other area used
for amenity to the building such as balcony, meter room etc. Proportionately.
AND WHERAS the Developers / Subsequent New Licensee has agreed to sell, to
the purchaser/s the flat at the price and on the terms & conditions hereinafter
contained.
4. The purchaser /s has/have paid Rs. 2,00,000/- [Rupees Two Lakh Only] On
or before execution of these present being as part payment and the Balance amount of
sale considerate Rs.1,18,00,000/- [Rupees One Core Eighteen Lack only]. Shall
be paid as the schedule of payment ened as Annexure “A”. Receipt for the said part
payment both hereby admit and acknowledged hereinafter separately.
The purchaser shall also require to pay Service Tax, Value Added Tax (VAT) and
any other tax as per the rules & regulation of State Government and Central
Government as may be levied against the allotments, Sale of flat by the Developers /
New Licensees to the purchaser. The percentage of Service Tax, is ---- and Vat --- on
sale value to be paid in advance along with schedule of payment separately.
5. IT IS HEREBY EXPRESSLY AGREED that Purchaser/s shall make the payment
of installments’ of sale consideration in time as per the progress of work ( time is the
essence of contract ) incase if the purchaser/s commits default in payment of any of
his/her/their installments on its respective due dates and / or as per schedule of
payment more particularly as per Annexure “A” and / or as may be demanded by
Developer/ subsequent New Licensee under the aforesaid schedule of payment then
the purchaser/s shall require to pay delay payment charges @ 24% per annum and
further the developer shall without prejudice to his other rights against the
purchaser/s be entitled to terminate this Agreement and refund the amount after
forfeiting the 10% of total value without any interest thereon.
8. The fixtures, fittings and amenities to be provided in the said buildings and in
the said premises and the materials to be used in the said construction thereof will be
of standard quality a list whereof is concerned hereto and marked Annexure “D”.
9. The possession of the said premises shall be handed over by the Developer to
the purchaser /s after the said building will be ready for use & occupations and
occupancy certificate shall have been obtained from the CIDCO Ltd. or the relevant
authority or body or public authority.
10. On or before the receipt of the occupancy certificate in respect of the said
building and in any event, before taking and / or possession of the said unit, the
Purchasers agrees to pay the following amounts to the Developer.
a) Rs. AS APPLICABLE towards membership fees and share money of the society
and / or association to be formed of Purchasers of units in the said building.
b) Rs. AS APPLICABLE or any other increased amount towards costs, charges and
expenses for registration of the society or Association.
c) Rs. AS APPLICABLE towards provisional deposit to meet with legal expenses for
formation of the society.
d) Rs. AS APPLICABLE towards stamp duty and registration fee to be paid on lease
deed to be executed between CIDCO Ltd. And Developer and society of unit
purchasers.
11. Subject to the availability of cement, steel and other Building materials,
electrical, water, drainage connection and subject to any major force including any act
of god, drought, floor or any other natural calamity and / or war, restrictions by the
Government, CIDCO Ltd. or other public Authorities or any other acts beyond the
control of the Developer, the Developer agree to hand over possession of the said
premises to the purchaser/s immediately on completion of construction work of
building and/or as soon as occupancy certificate will be obtained from Town Planning
Dept. of CIDCO Ltd. and / or on or before _____ . The Developer shall not incur any
liability if he will unable to hand over possession by the aforesaid time as per the
Architect building completion certificate and possession delayed due to non-
availability of steel and / or cement or other Building materials and / or water supply
or electric power or by reason of war, civil commotion, or any act of God, strikes,
lockouts, layoffs at the works of the manufacturer / supplier of steel, cement or other
building materials or due to occurrence of other natural calamity and also if handing
over of possession delayed as a result of any notice, order, rule or notification of the
Government and / or any other competent authorities or for any of the other reason,
causes will be beyond the controls of the Developer and in any of the aforesaid events
the Developer shall be entitle to reasonable extension of time for handing over of
possession of the said premises.
12. It had been expressly agreed between the parties hereto as also the purchaser
/s acquirers of the different tenements/ units, that in case the said building collapse
or any damages will be caused due to any act of god, Earthquake, Flood or any
Natural Calamity, Act of Enemy, War or due to any other causes which will be beyond
the control of Developer, the Developer shall not be in any way liable to construct the
Building or to carry out any repairs.
13. The Developer may complete any wing, part, portion or floor of the building and
obtain part occupancy certificates thereof and give possession of premises therein to
the purchaser/s of such premises and purchaser/s shall have no right to object at the
same and hereby gives consent to the same. If the purchaser/s takes possessions of
any premises in such part complete portion or floor, the developer and or his agents or
contractors shall be entitled to carry on the remaining work in the said part of the said
building or any part thereof and any inconvenience if caused to the purchaser/s, the
purchaser/s shall not protest, object to or obstruct the execution of such work.
14. The purchaser/s shall be entitled to take possession of the said unit/flat
subject to observance, performance of all the obligations & stipulations contained in
this agreement and on the part of the purchaser/s to be observed & performed and
also duly paid to developer all and whatsoever amounts payable by the purchaser’s
under this agreement. The purchaser /s hereby agree to abide by all the terms &
conditions of the said documents.
15. Upon the possession of the said premises being delivered to the purchaser/s
the purchaser/s shall be entitled to use and occupy the said flat and the purchaser/s
shall not claim anything against Developer as to any defect in any item or work of
construction of the said flat or on any ground whatsoever.
16. The purchaser/s shall have no claim save and expect in respect of the
particular premises inclusive of adjacent terrace hereby agreed to be acquired and the
entire property including all open space, walls, parking space, lobbies, compound
walls, staircase, terrace on the top of the building, unsold tenements etc. Which
remain with and be the property of the Developer who shall be entitled to deal with or
dispose off the same in any manner he may deem fit until the development of the
whole property will be completed in all respect and possession and ownership of the
property shall be transferred to the co-operative societies/ A association as hereinafter
mentioned subject to the right of the Developer as hereinafter stated.
17. It is hereby agreed between the parties that if any further additional FSI is
granted by the Local authority to the Developer to the said plot on which the said
building known as “PRATHMESH HARMONY” constructed, then the same shall
belong to and have in exclusive right, claim of the developer and the developer shall be
entitled to make addition and alteration to the building by way of constructing
additional floors or structures at any time as permitted by such local authority and
shall have right to deal with and dispose of the same in any manner he may choose
and the purchaser/s hereby consent to the same till the execution of the Lease Deed
or till the conveyance executed in favour of the CO-operative Housing Society as may
be formed by the respective unit purchaser of said building.
20. The Purchaser/s shall not store in the said premises any goods, which are
combustible, inflammable or otherwise hazardous or dangerous or such as are
considered objectionable by any authority or so heavy as to affect the construction of
the said Building.
21. The Developer shall have the first lien and charge on the said premises agreed
to be purchase, acquire by the purchaser/s in respect of any amount due and payable
by the purchaser as per the terms & conditions of this agreement.
22. Before taking possession of the said premises the purchaser/s shall point out to
the Developer complaints, if any regarding construction work and get the same
rectified forthwith. In any event after taking possession the purchaser/s shall not have
any right to make any grievance in respect of the construction or any item of work
including in respect of the said premises. Whereas as concern to leakage, seepage in
the Building if any found during the first monsoon after date of occupancy shall be
repaired, rectified by the Developer.
23. The purchaser/s hereby agrees to pay all the amounts payable as per the terms
of this Agreement as and when it’s become due and payable, within prescribed time
limit and time limit in this respect being the essence of the contract. Further the
Developer will not be bound to give notice regarding such payment and the failure
thereof shall not be entertained as an excuse for non-payment of any amount or
amounts on the respective due dates.
24. The purchaser/s shall use the said premises for the purposes mentioned in the
agreement or after obtaining written permission of the Developer for any other use
permissible by CIDCO Ltd. and the purchaser/s shall not use the said premises in a
manner or for a purpose which may or is likely to cause nuisance or annoyance to
other Unit Holders in the said Building or to owner or occupies of neighboring
properties or for any illegal or immoral purposes.
25. The Purchaser/s along with such other persons who shall have
taken/purchased a Flat in “PRATHMESH HARMONY” building shall form themselves
into a Co-operative Society under and in accordance with The Maharashtra Co-
operative Societies Act. 1960. The said building shall always be known as
“PRATHMESH HARMONY” Society to be formed in the same name and if not
available than as may be approved by the Registrar of Co-operative Housing Societies.
The purchaser/s shall co-operate to the Developer in forming, incorporating and
registering the said society and shall sign all necessary papers and documents and do
all other acts, deeds & things as the Developer may require by the purchaser/s to do
from time to time in that behalf for safeguarding or protecting the interest of the
purchaser/s of the flat/shop the in the said building of said society.
26. Once the society will be registered, the rights of the office holders and
purchaser/s thereof shall be recognized and regulated by the Bye Laws of the said
society.
27. The purchaser shall not let, sub-let, sell, transfer, convey, mortgage, charge or
in any way encumber or deal with or dispose of his/her premises or assign, underlet,
give on leave & license, part with possession of his/her interest under or the benefit of
this Agreement or any part thereof, till all his /her/their dues of whatsoever nature
owing to the developer is fully paid and only if the purchaser/s have not been guilty of
breach of or non-compliance with any of the terms & conditions of this Agreement and
until he/she/they obtains previous consent in writing of the developer.
28. The purchaser/s and the person to whom the said premises shall have been let,
sublet, transferred assigned or given possession of in accordance with the provisions
of clause 9 hereof shall duly observe and perform all the rules and regulations of the
said society that may be in force from time to time relating to the protection and
maintenance of the said building & flats thereof and for the observance and carrying
out of the building rules & regulations and bye-laws for the time being of the
corporation, the government and or public or any other local authority.
29. The purchaser/s will not at any time demolish or cause to be demolish the said
premises or any part thereof, agree to be taken by him/her/them nor will he/she/they
at any time make or cause any additions of whatever nature to the said premises or
any part thereof. The purchaser/s will not be permitted to make any alterations in the
elevation and outside color scheme of the said premises agreed to be purchased by
him/her/them.
30. The Purchaser/s shall not do and/or will not permit to do any act, deed matter
or thing which may render void or voidable any insurance of the said Building or
cause any increase in premium to be payable in respect thereof.
31. The purchaser/s shall not throw dirt, rubbish, and rags or otherwise refuse or
permit the same to be thrown in his/her/their premises in the compound or any
portion of the said building.
32. The purchaser/s shall at no time demand partition of his/her interest in the
said plot and building, it being hereby agrees and declared by the purchaser/s that
his/her/their interest in the said plot and building is impart able and it is agreed that
the developer shall not be liable to execute any document in respect of the said
premises in favour of the purchaser/s.
33. The purchaser/s shall not decorate the exterior of is premises otherwise than in
the manner agreed to by the Developer or in the manner as near as may be in which
the same as previously decorated.
34. The Developer shall keep the purchaser/s fully indemnified from and against
any claim under or in respect of any mortgages or charges or encumbrances created
by the developer and all costs, charges & expenses which the purchaser/s may suffer,
incur or be put to in that behalf.
36. The Developer/Subsequent New Licensee shall after the said society shall have
been duly registered and on completion of construction work of said building and after
all the purchaser/s of flats in the said building shall have paid in full all his/her/their
respective dues payable to the Developer then and thereafter Developer shall procure
Lease Deed, Deed of Assignment or other proper document towards transferring the
said plot on which the said building known as “PRATHMESH HARMONY”
constructed, erected in favour of society and all the expenses incurred towards the
formation, registration of society, share capital, entrance fees, transfer charges of
CIDCO Ltd. Stamp Duty on the Lease Deed & Registration Fee of Lease Deed shall be
born and paid by the unit/flat purchaser/s of said building in their proportionate
share as may be worked out at that time. The Developer shall not be responsible,
liable and/or require contributing, paying any amount towards formation &
registration of society and Stamp Duty & Registration fee on Lease Deed.
37. In addition to the various payments mentioned herein the PURCHASER/S shall
deposit with the Developer within seven (7) days from the date of demand made in that
behalf and / or before the possession of the said unit is given, the proportionate
amount of stamp duty and registration charges, that would be needed for execution of
a Deed of Lease of the said property in favour of co-operative society. Or a corporate
body as mentioned herein together with any additional amount, which may be
demanded by the stamp office or any other authorities or otherwise. It is agreed that
unless and until the PURCHASER/S of all the units in the said building, shall have
paid over the proportionate amount of stamp duty and registration charges and /or
any increased amount thereof to the developer, the developer shall not be obliged to
execute the Deed of Lease in favour of the co-operative society or body corporate as the
case may be.
38. In the event of the Developer executing a conveyance in respect of the said
property in favour of the society or incorporated body the builders shall have a right to
dispose of the remaining premises in the said building in such manner as he may
think fit and the sale proceeds thereof shall belong absolutely to the developer and the
purchasers of such remaining premises shall be accepted members of such co-
operative society or incorporated body. The developer in that case shall not be required
to pay any transfer fees dues to the society or to the incorporated body.
39. The Developer has informed the purchaser/s about their intension to sell, lease
or give on license or otherwise deal with or dispose of their rights to use, enjoyment
and commercial use of parapet walls of terrace and blank walls on the external portion
said building (hereinafter called “the said display space”). The sale of such display
space, shall be for the purpose of advertisement (which includes hoarding and display
by way of painted boards, sign boards as well as neon lights and to install, fix
Tower/Disc Antenna and for other allied purposes and the buyer or licensee of such
“Display Space” shall install a separate electric meter for neon lights and shall alone
bear taxes and electricity charges pertaining to the “Display Space”/Installation of
Tower” and the purchaser shall not take any objection for the same. The actual
outgoings incurred or payable in respect of the Display space will be sole responsibility
and liability of the buyer or licensee of the display space. The buyer or licensee of
display space shall not be liable to contribute any amount whatsoever towards
maintenance and other charges of the building. It being clearly understood that
he/she/they will be responsible solely for his/her own municipal and electric charges.
40. Commencing a week after notice in writing will given by the Developer to the
Purchaser/s that the said flat ready for use, occupation, the Purchaser/s shall be
liable to be bear and pay the proportionate share (i.e. in proportion to the floor share
of the said premises) of out goings in respects of the said land and the building namely
local taxes, i.e. property tax, betterment charges/maintenance charges or such other
levies by the concerned authority and/or Government and water charges, insurance,
common lights, repair, salaries of clerks, bills collectors, watchman, sweepers and all
other expenses necessary & incidental to the management and maintenance of the
said land and building known as “PRATHMESH HARMONY” until the Co-Society will
be formed, the Purchaser shall pay to the Developer such proportionate share of out
goings, maintenance as may be worked at the time of possession per sq.mtr. Per
month on built-up area of his/her/their unit/flat and shall pay maintenance charges
of Twelve (12) months in advance.
41. If the Purchaser/s neglects, omits or fails for any reason whatsoever to pay the
Developer any of amounts due and payable by the purchaser under the terms &
conditions of this Agreement (whether before or after the delivery of possession) within
the time herein specified or if the purchaser shall in any other way failed to perform or
observed any of the convents and stipulations on his/her/their part herein contained
or referred to, then this Agreement shall cease and stand terminated and the earnest
and/or deposit money and other amounts already paid by the purchaser to the
Developer shall absolutely stand forfeited. The Purchaser hereby agrees to the
forfeiture of all their right, title & interest in the said flat to the Developer and it’s shall
be without prejudice to any other rights, remedies and claim whatsoever at law or
under this Agreement of the Developer against the Purchaser.
42. The stamp duty and registration charges on this Agreement shall be born and
paid by the Purchaser/s and further Purchaser/s shall pay the proportionate share
stamp duty, registration charges, transfer fees and legal charges as may be required to
transfer the said plot in favour of co-operative society to be formed by the unit/flat
purchaser/s.
43. The purchaser/s and Developer shall present this Agreement at the office of
concerned Sub-Registrar of Assurances at Panvel within the time prescribed under the
Registration Act and the developer will attend such office and admit the execution
thereof.
R:---------------------------------------------------------------------------------------------------------------
All that piece and parcel of land bearing Plot bearing No.134 situated at Sector-02,
Ulwe, Navi Mumbai Tal. Panvel & Dist. Raigad, Adm. about 1449.93 sq.mtr. And
bounded as follows that is to say:
On or towards the East : Plot no.87 & 10.00 mtr. Wide Road
(Exclusive of Cupboard + Flower Bed area adm. 3.712 sq. open Taress7.200 sq
IN WITHNESS WHEREOF the parties have hereunto set and subscribed their
respective hands and seal the day year first hereinabove written.
M/S.PRATHMESH CONSTRUCTION
In the presence of ….
2. \
Total Rs. -