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L
THIS JOINT DEVELOPMENT AGREEMENT (“AGREEMENT”) EXECUTED ON THIS THE
porate tee
BENGALURU,
1
ORIGINAL
JOINT DEVELOPMENT AGREEMENT
< we
DAY OF MAY TWO THOUSAND TWENTY THREE (26/05/2023) AT }
BY & BETWEEN: Beer
Sri. BK. KUMAR,
aged about 46 years,
S/o Late B.krishnappa
Aadhaar No. 5896 6503 5284
PAN No, AYFBP7199C
‘Smt. ARUNA,
aged about 42 years,
W/o Sri. BK. Kumar
Aadhaar No. 561170559929
PAN No, ASUPA1792R
Miss. DEEKSHITHA .B.K,
aged about 18 years,
D/o Sri, BK. Kumar
Aadhaar No. 388115798932
PAN No.
Master PUNITH BEERASWAMY .B.
aged about 15 years,
S/o Sri. BK, Kumar
Aadhaar No. 385162740931
minor represented by his
father & natural guardian Sri. B.K. Kumar
SI, Nos. 1 to 4 are residing at Chikkabanahalli
Bangalore East Taluk;
llage, Bidarahalli Hobli;
For PRESTIGE PROJECTS PRIVATE LIMITED
Be
B.11. Shobhavedlndmnetsd dood
Bacodd marke soaaed cenad
Department of Stamps and Registration
Bann 33,
1957 J ésaewd cnagos mood éo0 10.2 eAodgod gana as,
2p M/S PRESTIGE PROJECTS PRIVATE LIMITED represented herein by its Authorised
Signatory Mr. fan Razack rep by his SPA holder Mr. Diloep Kumar BN, sido 3498000.00
Gaandtbrivay, ribs auaped dosan maasecbsce psoaoaned
ged ~*dS:Ci Ga) SSC*C BC
[ies ~/asmmOD | Coten Re crceasomocouzenT
He jee tee eer |
wa 3493000.00
Be} Borat
famed 1 26/08/2023 |
uit aapocied dial odng 9000
sajFoQBOND
Designed and Developed by C- DAC Pune,5, Smt. B.K, SHOBHAVATHI,
aged about 44 years,
D/o Sri. B.krishnappa
Aadhaar No. 3061 7917 7185
PAN No. BLTPS510SH
Residing at No. 43/1, Ranga Rao Road,
Basavanagudi,
Bangalore - 560004;
Parties 1 to 5 above are hereinafter collectively referred to as the “OWNERS” {which
expression shall, unless repugnant to the context or meaning thereof, be deemed to
mean and include their respective heirs, successors, executors, administrators and
Permitted assigns) of the ONE PART:
ND:
M/s. PRESTIGE PROJECTS PRIVATE LIMITED, a private limited company, having its
registered Office at: ‘Prestige Falcon Tower’, No. 19, Brunton Road, Ashok Nagar
Bangalore - 560 025, represented herein by its Authorised Signatory Mr. Irfan Razack,
and hereinafter referred to as the “DEVELOPER”, (which expression shall, unless
repugnant to the context or meaning thereof, be deemed to mean and include its
successors in interest and permitted assigns) of the OTHER PART.
(wherever the context so requires or admits the Owners and the Developer are
hereinafter individually referred to as “Party” and collectively as “Parties”. Reference to
the ‘Owner/s’ shall mean and include each of the Owners, jointly and severally)
:WITNESSETH AS FOLLOW:
WHEREAS the Owners herein represent that they are the sole and absolute owners in
possession and enjoyment of the below mentioned undeveloped lands:
|
Si. No. sy. No. pe Described in
41/3 oo | 37 Item Not |
._ | 70/3 00! 04 Item No.2
3. | 73/3 00 06 Item No.3
Total| 01 | 07
all situated at Chikkabanahalli Village, Bidarahalli Hobli, Bengaluru East Taluk, in all
totally admeasuring 01 acre 07 guntas, which are more fully mentioned and described in
\ For PRESTIGE PROJECTS PRIVAn FE UMITED:
ae Ri i
Bit. ShobheweaiePrint Date & Time : 26-05-2025 01:23:29 PM
7
act of Dock
of Doct. No.
Bapsleoo Boal, : 687 .
eriad debs evidaorocionpme Beds dad dkeOoby Disod 26-05-2023 dood 1:49:43 AM rtd sh die aston
abohotit
gPied, Bae ws
1 | eacockd abe, (746500.00,
2 | aemae 318000
3 [aga 00.00
wa: h749660.00
‘Be M/S PRESTIGE PROJECTS PRIVATE LIMITED represented herein by Its Authorised Signatory Mr. fan Razack
rep by his SPA holder Mr, Dileep Kumar 8 N wstdor asad adeyyst
beh
‘ay M/S PRESTIGE PROJECTS PRIVATE
LUMITED represented herein by its
|Authotised Signatory Mr. fan Razack
ep by his SPA holder Mr. Dileep»
ey
urn BN
Het daaaD
ones wor
denen Neds Soe fer $9BO BO, : doug
Se ee
3S
ea ‘eta ayy a
aoa
MS PRESTIGE PROMECTS PRVATE
\UMITED represented herein by is
‘Authorised Signatory Mr. fan
Razack rep by his SPA holder Mi
Dileep Kumar BN @*.
(edndooditcd
‘iMrB, K KUMAR S/o Late B.
krshnappa
(odcbhodisisah)$
Sheet of Joc, Nou.
Pages
Item Nos. 1 to 3 of the Schedule hereunder, and unless otherwise specifically
mentioned, are collectively referred to as “Schedule Property or Schedule Lands” and
also shown in the Plan attached hereto as Annexure D.
WHEREAS the Schedule Property was initially owned by Sri. Krishnappa, son of late
Bandeppa, he having acquired title over the same under the below mentioned Deeds:
') Sale Deed dated 08/03/1978, executed by Sri. Syed Mohiddin registered as
Document No. 3078/1977-78 of Book 1, Volume No. 1533, Pages 23 to 25, in the
office of the Sub-Registrar, Hosakote, with respect to the property mentioned in
Item No. 1, of the Schedule hereunder,
li) Gift Deed dated 05/04/2021, executed by Sri. B. Anjinappa, registered as
Document No. BDH-1-69/2021-2022 of Book |, stored in C. D. No. BDHD 759, in
the office of the Sub-Registrar, Shivajinagar (Bidarahalli), Bengaluru, with respect
to the property mentioned in Item Nos. 2 and 3 of the Schedule hereunder;
WHEREAS after the death of the said Sri Krishnappa on 03/07/2021, the Schedule
Property devolved upon his legal heirs viz., his wife Smt. Rathnamma, his son Sri. B.K.
Kumar (Owner No. 1 herein) and his daughter Smt, B.K. Shobhavathi (Owner No. 2
herein) by way of intestate succession;
WHEREAS subsequently, the said Smt, Rathnamma and Smt. B.K. Shobhavathi have
released all their right, title and interest in Item Nos. 1 and 2 of the Schedule Property in
favour of Sri. B.K. Kumar (Owner No. 1 herein) by way of a Release Deed dated
09/03/2022 registered as Document No. BDH-1-6557/2021-2022 of Book |, stored in C.
D. No. BDHD 979, in the office of the Sub-Registrar, Shivajinagar (Bidarahalli}, Bengaluru,
Further, the said Smt.Rathnamma and Sri. B.K. Kumar have released all their right, title
and interest in Item No. 3 of the Schedule Property in favour of Smt. B.K. Shobhavathi
{Owner No. 5 herein) by way of a Release Deed dated 09/03/2022 registered as
Document No. BDH-1-6540/2021-2022 of Book |, stored in C. D. No. BOHD 979, in the
office of the Sub-Registrar, Shivajinagar (Bidarahalli), Bengaluru, Pursuant to this, the
names of Owner No. 1 and Owner No.5 have been mutated in the revenue records
against their respective lands in the Schedule Property.
WHEREAS in terms of the aforesaid Deeds, Owner No, 1 along with his family members
ie. Owner Nos. 2 to 4 and Owner No.5 started enjoying their respective portions
comprised in the Schedule Property as owners thereof without any let, claim or
hindrance from anyone else;
WHEREAS Item No.1 and 2 of the Schedule Lands are converted to non-agricultural
residential purposes by the order of the Deputy Commissioner, Bangalore District and
th tau,
Arum
Be
BN ShObhew o Tesbi
ae
[Mrs ARUNA W/o Sri, B.K. Kumar
Gadebduchsi)
‘Miss DEEKSATHA D/o Sil. BK.
Kumar
(adebdocbsisch)
‘Mr Master PUNITH BEERASWAMY
BK S/o S#, 8K. Kumar, minor
represented by his father
natural quavaian Si BK.
Kumor
(oscbtordct)
Mis 8, K SHOBHAVATH D/o 8i. 8.
Kisnappa_
(adebbodsitd)
B.1¢ Sho bhewoTh)
TW/S STERLING URBAN
CONDOMINIUMS PRIVATE
LUMITED represented by Is,
lDtector, $f, Raman Sasi rep by]
his SPA holder Mr. R
Madeshwaran ‘Consenting
Party’
Godebtodktsa
apeDenes OF Wut. NO.
Page 4
thus capable of being utilized for non-agricultural residential purposes. The conversion
order numbers have been mentioned in the respective schedules of the Schedule Lands;
WHEREAS in terms of a Memorandum of Understanding (MoU) dated 27/01/2014, Late
Krishnappa, Owner Nos. 1 & 5 along with Sri. Seenappa and others had agreed to entrust
totally & Acres 22 Guntas of land which also included land in Sy. Nos. 41/3 and 73/3 to
M/s. Sterling Urban Condominiums Private Limited (SUCPL. for short) for development as
residential apartment buildings by integrating the same with the adjoining lands being
acquired by SUCPL. Before and after the said MoU, SUCPL had acquired about 43Acres
7.SGuntas of land adjoining the Schedule Lands. In addition to that, the SUCPL had also
negotiated for developing 20 Acres 18 Guntas of lands owned by M/s. Gopalan
Enterprises, interspersed amongst the lands owned by SUCPL. Collectively all above
lands form a large block of lands measuring about 71 Acres 25.5 Guntas capable of being
developed as a large township of residential apartment buildings.
WHEREAS since the development of such large tract of land requires substantial
expertise and financial strength, both SUCPL and M/s. Gopatan Enterprises have agreed
to entrust their respective lands to the Developer herein, which is a group company of a
large real estate company, which has developed several similar projects in Bangalore to
undertake the development of the aforementioned lands under a common master plan
into a large residential township and the Developer has agreed to undertake such
development;
WHEREAS pursuant to such understanding, SUCPL has sold to the Developer and its
holding company, M/s. Prestige Estates Projects Limited, a portion of its land holdings
detailed in Annexure A hereto under two separate Sale Deeds dated 08/07/2022 and
21/11/2022 respectively and also entrusted the remaining lands detailed in Annexure B
hereto for development on Joint Development basis under a registered Joint
Development Agreement 03/03/2023. Similarly, M/s Gopalan Enterprises have entrusted
\ their lands detailed in Annexure C for development on Joint Development basis to the
5 Developer herein under a registered Joint Development Agreement dated 10/10/2022;
WHEREAS in order to facilitate the development of the Schedule Lands by the Developer
herein together with the lands detailed in Annexure A, B and C, SUCPL has called upon
the Owners to entrust the Schedule Lands to the Developer herein for development
under a Joint Development Agreement. SUCPL has agreed to join this Agreement as a
Consenting Party not only to confirm the fact that it has facilitated this Agreement
between the Owners and the Developer and also lend assurance to the Owners that it
will continue to take care of Owners’ interest visa vis the Developer in all matters
concerning the development of the Schedule Lands as though the said lands are owned
by SUCPL;
ee Ditatte AL For PRESTIC
Re
OJECTS PRIVATE LIMITEDrochbabteidd
sich sha) oeae
- |Ee
TManjunath
No. 43/1. Ranga Rao Road, Basavanagual, Blore
zh
Shashidhar Patel
No. 19, Bunton Road, Ashok Nagar. Blore
bade,
| bee
Difference between Original and Duplicate is Nil
1 8 abzi8d dagen
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Pages
WHEREAS the Developer has agreed to undertake the development of the Schedule
Lands along with lands detailed in Annexure A, B and C into a large township of
apartment buildings and the Owners have represented to the Developer as under:
a) that the Owners are the absolute owners of the Schedule Lands and their title to
the same Is good, marketable and subsisting and that none else have any right,
title, interest or share therein and cost of good title shall be that of the Owners at
all times and that the Schedule Lands are free from encumbrances and claims
including all claims by way of sale, exchange, mortgage, gift, inheritance, trust,
possession, easement, lien or otherwise;
b) the Owners have not entered into any agreement or arrangement for sale or
development of the Schedule Lands, with anyone and have not executed any
Power/s of Attorney to deal with the same;
c) the Schedule Lands are 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 and are not the subject matter of any suit, writ, execution
or other legal proceedings which bars development and sale of the Schedule
Lands;
d) the Owners do not have any pending liabilities with income tax or any other
tax which would affect their title ta the Schedule Lands and/or its development
and/or sale in terms herein;
e) the Owners have not created any charge, mortgage or encumbrances on the
Schedule Lands, affecting development and have not alienated, leased,
transferred or created any other third party rights of whatsoever nature in
respect of the Schedule Lands or any part thereof;
f) the Schedule Lands are not a property in respect of which there is a prohibition
regarding sale and/or development and that there is no bar or prohibition to
acquire, hold or to develop or sell the Schedule Lands;
g) the Owners have paid property taxes, cesses and other statutory charges with
regard to the Schedule Lands to the concerned authorities up to date;
h) the Owners will keep the Schedule Lands free from all encumbrances,
attachments, court orders, charges, leases, mortgages and other third party
claims during the term of this Agreement;
i) that no notice from Government or any other local body or authority or under
the Land Acquisition Act or any other Act (Central or State) otherwise or under
are. Rast dace
i
PRESTIGE PROJECTS PRIVAT
ummm
B.4-Shobnowehof Dock.
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Page 6
any other Legislative Enactment, Government Ordinance Order or Notification
cluding any notice for acquisition or requisition of the Schedule Lands) has
been received by the Owners to acquire whole or portions of the Schedule Lands;
j) that the Owners have been in peaceful possession and enjoyment of the
Schedule Lands, without any let, claim or hindrance from any persons
whatsoever ;
that the Schedule Lands are the family properties of the Owners and other than
the Owners herein no other person/s has or have any manner of right, title or
interest;
WHEREAS, the Developer has agreed to develop the Schedule Lands as aforesaid and has
represented to the Owners that the Developer:
a) _ has the necessary experience and expertise as a land developer;
bj has the necessary financial capacity to complete the development of the
Schedule Property and to construct building thereon at its cost, as per the agreed
specifications and timelines hereunder ;
©) would comply with all applicable laws and would complete the development and
construction in accordance with the terms and conditions and conforming to the
specifications stipulated under this Development Agreement; and
4) would secure at its cost appropriate clearances, permissions, sanctions etc., from
the Bangalore Development Authority and all Government Agencies and
promptly comply with plans and sanctions and all the laws and regulations at all
times.
WHEREAS the Developer has agreed to develop the Schedule Lands by integrating the
same with lands detailed in Annexure A, B and C at its cost by undertaking the
development in the Schedule Lands consisting of Residential Apartment Building/s and
has also agreed to secure at its cost all the required approvals, sanctions, licenses, no
objection certificates etc., as are necessary from statutory authorities to construct
Residential Apartment Building/s on the Schedule Lands and deliver to the Owners
39,950 Sq. Ft. of super built up area or 33% of the total constructed area (i.e. super built-
up area), relatable to the Schedule Lands, whichever is higher, to the Owners and in
consideration thereof the Owners have agreed to convey and transfer 67% undivided
share of land in the Schedule Lands to the Developer and/or their nominees to enable
them to hold, own and possess the remaining 67% of the total constructed area (i.e.,
super built-up area) in the proposed development, relatable to the Schedule Lands.
then Daedshls, oy For PRES
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4 1B.14. Shoe tow aike-
OVECTS PRNPage 7
Parties also have the option to go in for revenue share without changing the percentage
of sharing agreed between them;
WHEREAS, both the parties to this Agreement have reached a clear understanding and
working of the scheme and are desirous of recording their mutually agreed terms and
conditions for development of the Schedule Lands as follows:
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
That, in pursuance of the foregoing, and subject to the mutual obligations undertaken by
the Owners and the Developer under this Agreement, the Owners hereby entrust to the
Developer the Schedule Lands only for the purposes of development of the same as
Residential Apartment Building/s and the Developer hereby agrees to develop the
Schedule Lands into Residential Apartment Building/s, with required car parking spaces
and all other common amenities and facilities as detailed hereinafter, subject to the
terms and conditions hereinafter contained:
{a) The Developer is/are hereby irrevocably empowered and authorised to develop,
the Schedule Lands into ‘Residential Apartment Building/s’ (as per the
specifications set out under Annexure-| hereto) at their cost.
(b) The Developer shall construct and deliver to the Owners totally 39,950 Sq. Ft. of
or 33% of the total super built-up area comprised in the Residential Apartment
Building/s to be constructed in or upon the Schedule Lands, together with 33%
car parking spaces, terrace areas, private garden areas and all other built up
areas and 33% undivided interest in the common areas and amenities,
hereinafter referred to as “OWNERS’ CONSTRUCTED AREA’ which is further
detailed in Clause No. 6.2 below. The remaining 67% of the total super built-up
area in the Residential Apartment Building/s to be constructed in the Schedule
Lands together with 67% of car parking spaces, terrace areas, private garden
areas, and all other built up areas and 67% undivided interest Schedule Lands and
all the common areas and amenities is to the share and ownership of the
Developer and shall hereinafter be referred to as ‘DEVELOPER'S CONSTRUCTED
AREA’ which is further detailed below in Clause 6.3 hereunder.
{c) In consideration of the Developer carrying out and completing the construction
‘of ‘OWNERS’ CONSTRUCTED AREA’ at its cost and delivering the same to the
Owners in terms hereof, the Developer and/or its nominees/transferees shall be
entitled to conveyance of 67% undivided share of the Schedule Lands
proportionate to the ‘DEVELOPER'S CONSTRUCTED AREA’ in terms hereof, either
in the name of the Developer and/or their nominees/transferees/ assignees.
ms ae Gastar
at Ta For PRESTIGE PROVE
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13.6. ghobnowala”\ Seat Doct, Ne. G8 5,
633-24
Page 8
{d) The Owners at any time after receipt of plan sanction may opt for revenue share
in which case the Developer agrees to sell the "OWNERS’ CONSTRUCTED AREA’
and distribute the ‘Revenue’ arising from such sale with Owners,
1, POWER TO DEVELOP & PERMISSION TO ENTER:
1.1 In consideration of the mutual promises and covenants set out under this
Agreement, the Owners hereby irrevocably empower and authorize the
Developer to develop the Schedule Lands into 2 ‘Residential Apartment
Building/s’ as aforesaid in terms of this Agreement (hereinafter the said
development is referred to in general as ‘Development/Project’) and to sell /
transfer the ‘DEVELOPER'S CONSTRUCTED AREA’ and proportionate undivided
share in the land in the Schedule Lands. The Owners agree not to revoke the said
power/ authorization until completion of Development and sale / transfer of the
entire ‘DEVELOPER'S CONSTRUCTED AREA’ and proportionate undivided share in
the land in the Schedule Lands. The aforementioned authorization in favour of
the Developer is exclusive and is coupled with interest.
1.2 The permission to enter by way of license so granted shall not however be
construed as the delivery of possession of the Schedule Lands in part
performance of any contract as defined under section 53 A of the Transfer of
Property Act, 1882 read with section 2 (47) (v) & (vi) of Income Tax Act, 1961.
13 The Owners hereby agree not to interfere or interrupt in any manner whatsoever
the Development of Schedule Lands and construction of the Residential
Apartment Building/s as stated above and/ or stopping the work that has to be
done under this Agreement. However, the Owners and/or their authorized
representatives are entitled to inspection the Development as provided in this
‘Agreement, to ensure that the Developer is carrying out the Development work
in accordance with the scheme mutually agreed between the Owners and the
Developer and in accordance with the sanctioned development plan.
PLANS/LICENCES:
2.1 The Developer agrees to prepare or get prepared building construction plans and
all required drawings as per the building bye-laws, rules and regulations in force
for Development of the Schedule Lands into Residential Apartment Building/s
with required parking spaces and common amenities. Subject to any force
majeure limitations or other factors which are not within the reasonable control
of the Developer, the Developer shall take appropriate steps to secure, at its
cost, necessary consents, no objection certificates and other permissions
required for undertaking Development, within 12 (twelve) months from the date
4 on Quit, de, For PRESTIGE PROJECTS PRIVATE LiMiTED
Wig
fre 7
BK. Ghob howals22
23
24
25
26
het Of
Pages
of this Agreement. The Developer agrees to take the confirmation of the Owners
for the proposed concept, design and plans for Development of the Schedule
Lands before submission to sanctioning authorities and the Owners shall confirm
the same, so long as the said designs and plans conform to the terms of this
Agreement. It is clarified that the Development on the Schedule Lands shall be an
integrated development with lands detailed in Annexure A, B and C under a
common development/master plan and shall not be an independent
development.
‘The Owners agree to sign and execute all necessary applications, paper/s and
documents in respect thereto. However, the responsibility for preparing the
plans and obtaining necessary licenses, sanctions, no objection certificates and
all other permissions and approvals required to take up and complete the
Development and construction of the Residential Apartment Building shall be
that of the Developer
The Developer shall fully bear all costs, expenses, charges and fees to get
Development and construction plan approvals and all other costs required to
take up, commence and complete the construction of the Residential Apartment
Building and all other facilities and infrastructure. The plan approval charges,
development charges, cesses, fees any other charges/levies and all sums
demanded by the Bangalore Development Authority ("BDA") for giving approval
for constructions plans shall be fully borne by the Developer and the Owners
shall have no liability whatsoever in this behalf. The Owners shall be liable to pay
only betterment charges levied by BDA on the land if the same is not already paid
by the Owners at the time of obtaining Katha for the Schedule Lands from local
Panchayath.
‘The Developer, if necessary under law, shall be entitled to transfer/relinquish the
parks and open spaces to be provided in the Schedule Lands in favour of BDA or
local authority as per the rules and building bye laws. In the event such
transfer/relinquishment is so done, then it shall be construed that relinquishment
has been done solely for and on behalf of the Owners and the Developer in doing
50 is acting purely as a representative of the Owners.
Upon receipt of approvals, the Developer shall furnish to the Owners one set of
all approvals, permissions and sanctions including sanctioned development plan
and building constructions plans for its record.
{In furtherance to the interest created hereunder in favour of the Developer over
‘the Schedule Lands, the Owners have executed a Power of Attorney in favour of
the Developer to enable the Developer to secure, plans, licenses and other
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permissions and for purposes connected with the Development of Schedule
Lands as agreed herein, at the Developer's cost and expenses.
2.7 It is clearly agreed between the Owners and the Developer in developing the
Schedule Lands the Developer shall consume permissible FAR of 1: 2.25 and the
Developer shall endeavour to maximize the FAR utilization allowed under the
prevailing zoning regulations and building bye laws. The Developer shall have
absolute discretion in designing and conceptualizing the Development as the
Developer has gained considerable experience in designing developments of this.
nature, Parties have clearly agreed not to utilize or load any Premium FAR or TDR
in the Project and the Developer shall be required to utilize only the permissible
FAR in securing plan approval from BDA.
3. CONSTRUCTION/DEVELOPMENT & SPECIFICATIONS:
3.1 The Developer shall develop the Schedule Lands in accordance with
approved/sanctioned construction plans with necessary internal and external
services, driveways, common area amenities, facilities including compound and
passages and sewerage disposal system, water distribution lines and electricity
connections, The construction of Residential Apartment Building and other
developments in the Schedule Lands shall be in accordance with the
7 Specifications mentioned in Annexure | attached hereto or equivalents thereto.
3.2 The Developer shall be entitled to make additions, deletions and alterations to
the development and construction plans as demanded by the sanctioning
authorities and/or as per construction exigencies, without affecting the
entitlement of the Owners, The Developer shall have absolute discretion in
matters relating to the method and manner of construction without affecting the
quality, safety and time frame agreed for completion of the development.
3.3 The Developer shall have absolute discretion in selection of construction
materials, methodology of construction, equipments to be used for construction
and other related techniques of construction and the Owners shail not interfere
with the same provided it is made clear that the Development and construction
shall be in accordance with the Specifications agreed between the Parties.
4. APPOINTMENT OF ARCHITECTS, CONTRACTORS AND ENGINEERS:
4.1 The Developer shall be entitled appoint architects, contractors, engineers and
other consultants at their cost to execute the Development and construction
works. The fees payable to the architects, engineers, contractors, consultants
an Dikhit \ For PRESTIGE PROJECTS PRIVATE LIMITED
BK
rane42
43
44
6.
61
Ans re Dette os
\s.
Sheet of Doct. No.
Page 21
and other staff and workmen and all persons connected with the Development
shall be borne by the Developer and they shall have no claim on the Owners
and/or Schedule Lands.
In case of disputes between the Developer and its architects, engineers,
contractors, consultants, other workmen, suppliers of materials and/or all other
persons who are engaged or employed in the Development, the same shall be
paid / settled / adjudicated exclusively by the Developer without in any way
making the Owners liable for the same.
In case of any accidents or injury or death of any workmen or third party during
the Development and construction in the Schedule Lands or elsewhere in relation
to the Development in the Schedule Lands and construction, the Developer shall
solely be responsible for payment of any compensation or any actions arising
there from and the Owners shall have no liability whatsoever in this behalf. The
Developer shall keep the Owners fully indemnified and harmless against all such
claims and also reimburse the Owners all expenses incurred in defending any
such claim/action and/or the amounts ordered to be payable by them.
All items of plants and machinery, tools and implements, stores and materials,
the Developer and/or their contractors, workmen and other agencies may bring
to the Schedule Lands for the development and construction of the Residential
Apartment Building shall remain the exclusive property of Developer at all times
and/or entitled to remove the same. The Owners shall have no claim or lien
whatsoever on any such items of plant and machinery, tools and implements,
stores and materials at any time.
COST OF DEVELOPMENT AND CONSTRUCTION OF RESIDENTIAL APARTMENT/S:
The Developer shall undertake development of Residential Apartment Building
‘together with all other infrastructure for sewerage disposal, water and electricity
supply as per the agreed Specifications and as per sanctioned plans, including the
OWNERS’ CONSTRUCTED AREA’ fully at its cost. The Owners shall not be
required to pay any amount for the aforesaid purposes, except the amounts
agreed to be paid by the Owners under this Agreement.
SHARING:
As aforesaid the Developer shall develop the Schedule Lands into Residential
‘Apartment Building/s under a common master plan encompassing the Schedule
Land and the lands detailed in Annexure A, B & C, together with car parking
areas, internal driveways, common amenities such as water and electricity supply
system, drainage system, sewerage disposal / treatment system, power back up
Peer
th rene Bik, Shobhour altePage 12
and all other utilities and facilities and infrastructure required for the completion
and occupation of the Residential Apartment Building as per the Specifications
attached hereto as Annexure |, at its cost.
62 Inconsideration of the Owners agreeing to transfer 67% or such percentage of
undivided land share in the Schedule Lands as is proportionate to the total super
built up area to be constructed, allocated, retained and disposed off by the
Developer, the Developer agrees to develop the Schedule Lands at their cost into
Residential Apartment Building and construct and deliver to the Owners totally
39,950 Sq. Ft. of super built-up area or 33% of the total super built-up area to be
constructed in the Schedule Lands in the form of residential apartments to be
owned, held and possessed by the Owners along with 33% of the car parking
spaces, terrace areas and private garden areas (if any) and 33% undivided share
in all the common areas, facilities as per the construction plans to be approved by
the statutory authorities, hereinafter collectively referred to as ‘OWNERS’
CONSTRUCTED AREA’ The Owners shall also be entitled to retain with themselves
the corresponding 33% undivided share of the Schedule Lands. The ‘OWNERS’
CONSTRUCTED AREA’ together with the proportionate 33% undivided right, title
and interest in the land comprised in the Schedule Lands shall hereinafter be
commonly and collectively referred to as ‘OWNERS’ ENTITLEMENT’.
6.2A The Owners amongst themselves have agreed to share the ‘Owners’ Entitlement”
ia of 39,950 sq.ft, in the ratio of their land ownership comprising the Schedule
Lands. For avoidance of any doubt, the entitlement of super built-up area of each
of the Owners is tabulated below:
Owner No. 1
Owner No. 5
34,850 Sq. Ft.
5,100 Sq. Ft._|
6.3. The remaining 67% of the total super bullt up area to be constructed in the form
_ of residential apartments together with 67% of all car parking spaces, terrace
areas and private garden areas (if any) and 67% undivided share in all the
common areas, facilities, hereinafter collectively referred to as ‘DEVELOPER'S
CONSTRUCTED AREA’, The Developer shall also be entitled to the remaining
proportionate 67% undivided share in the Schedule Lands to be allocated to the
“DEVELOPER'S CONSTRUCTED AREA’, which shall belong exclusively to the
Developer, to be retained and/or disposed off by the Developer as it may deem
fit. The ‘DEVELOPER’S CONSTRUCTED AREA’ together with the proportionate
67% undivided right, title and interest in the Schedule Lands shall hereinafter be
commonly and collectively referred to as ‘DEVELOPER'S: ENTITLEMENT’.
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In consideration of the Developer delivering the ‘OWNERS’ CONSTRUCTED AREA’
as above, the Owners hereby agree and undertake to transfer/convey/ to the
Developer and/or their nominee/s or assignee/s 67% undivided right, title and
interest in the Schedule Lands.
After completion of the Project, ‘OWNERS’ ENTITLEMENT’ shall be the absolute
property of the Owners and the Owners shall be entitled to hold, sell, mortgage,
gift, lease and alienate or otherwise dispose of the same or any part thereof
without any limitations whatsoever and shall be entitled to all income, gains,
capital appreciation and benefits of all kinds and description accruing, arising or
flowing there from.
The ‘DEVELOPER'S ENTITLEMENT’ shall be the absolute property of the
Developer and the Developer shall be entitled to hold, sell, mortgage, gift, lease
and alienate or otherwise dispose of the ‘DEVELOPER'S ENTITLEMENT’ or any
part thereof and shall be entitled to all income, gains, capital appreciation and
benefits of all kinds and description accruing, arising or flowing there from
The Developer shall, on receipt of sanctioned building construction plans,
forthwith inform the Owners in writing. Within 30 (thirty) days thereafter, or
such extended time as may be mutually agreed, the Owners and Developer
shall decide upon and earmark OWNERS’ CONSTRUCTED AREA and the
DEVELOPER’S CONSTRUCTED AREA by mutual discussions and reduce the same
into writing in the form of Allocation/ Sharing/ Supplemental Agreement. At the
time of deciding on such allotment of the areas, the Owners and Developer shall
give due consideration to both the advantages and disadvantages in proportion
to their respective shares and divide the area on equitable basis. The parties shall
co-operate with each other in executing the Allocation/Sharing/ Supplemental
Agreement.
In the event the Owners fail to come forward for demarcation of the built-up
areas in the manner stated above and fail to enter into an Allocation Agreement
within 60 (sixty) days from the date the Developer intimates the Owners of
receiving sanctioned plan, the allocation to the Owners shall be made by the
Developer in any blocks of residential apartment buildings being constructed in
or upon the Schedule Lands and the Developer shall also be entitled to earmark
whole or portion of any blocks equivalent to the entitlement of the Owners as
OWNERS’ CONSTRUCTED AREA and confirm the same to the Owners by means
of allotment letter/s and such allotments shall be binding on the Owners.
Notwithstanding the above, the parties acknowledge that it may not be possible
to divide the built-up areas in the buildings to enable the Parties to be allottedLg,
fee onest OF 20
Page 14
exactly their entitlement of super built-up area etc., in the Schedule Lands and
hence the Owners shall be entitled to such number of apartments/areas whose
super built-up area will be closest to such percentage of super built-up areas
agreed to be allotted to the Owners. If the total area contained in apartments
allotted to the Owners falls short of their entitlement of super built-up area and
car parks, the Developer shall pay the price there for to the Owners for the deficit
area at mutually agreed rates and vice versa. The payment for such area, if any,
shall be paid on completion of construction of the building and delivery of
‘OWNERS’ CONSTRUCTED AREA’ in such building and vice-versa,
6.9A Further its clearly agreed between the Parties that allotment to Owners i.e.
OWNERS’ CONSTRUCTED AREA’ shall be only in the form of residential
apartments and the same can be allotted in any tower or towers being
constructed within the entire development encompassing the Schedule Lands
and lands detailed in Annexure A, B and C and same need not be necessarily in
the buildings being built in or upon the Schedule Lands.
6.10 For the purposes of this Agreement the word ‘built up area’, ‘constructed area’ or
‘super built-up area’ shall mean the plinth area of the apartment including sit-
outs/balconies plus proportionate share in the common areas such as lobbies,
staircases, security rooms, generator and electrical rooms, club house area, lift
machine rooms and in case of private terraces, one third of private terrace area
and in case private gardens one fourth of private garden area and proportionate
’ share of any other common areas and the club house. A signed area statement
by the Architect of the Project appointed by the Developer, shall be final and
binding on both the parties and all calculation shall be based on such area
statement provided by the Architect.
6.11 The Owners at any time after having executed the Allocation Agreement opt for
selling the ‘Owner’s Entitlement’ or portion thereof. in the event of the Owners
opting of selling and getting the revenue arising therefrom, they agree to be
bound by the below stated terms.
6.12 Only the Developer shall be entitled to sell the ‘Owner’s Entitlement’ under its
brand name and marketing strategy and the Developer shall be entitled to sell
the ‘Owner's Entitlement’ in the Project without any limitations
and/discrimination as per the terms of this Agreement and the Owners shall
accordingly authorize to the Developer to sell the ‘Owner's Entitlement’ in the
Project.
6.13 It is further agreed between the Owners and the Developer that all revenue
arising out of sale of the ‘Owner's Entitlement’ shall accrue to the Owners.
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Owners and the Developer, “Sale Proceeds” / “Revenue Share” shall mean
proceeds of the sale of constructed area/saleable super built up area, including
sale value of super built up space (inclusive of all common areas), car parking
space, garden area, terraces, balconies, club membership fees (if any)
preferential location charges, and all other proceeds realized from the customers
including cancellation charges/damages, interest on delayed payment of
installments collected from the customers of built up area in the said Project,
hereinafter called (Distributable Revenue), The Distributable Revenue does not
include amounts collected by the Developer as transfer fee/assignment charges,
BESCOM/BSSWB charges/deposits, DG Charges, advance common area
maintenance charges and maintenance corpus deposit, taxes such as GST,
documentation charges, stamp duty and registration fee from the customers of
built up area (Non Distributable Amount). It is clarified that if the Developer
collects from the customers of bulit up space any amount in excess of Rs.150/-
(Rupees One Hundred Fifty Only) per sq. ft. as BESCOM/BSSWEB charges/deposits,
then the amount collected in excess of Rs.150/- (Rupees One Hundred Fifty Only)
per sq. ft. shall be treated as Distributable Revenue and shall be paid to the
Owners.
6.15 COLLECTION AND DISTRIBUTION:
It has been agreed between the Owners all amounts to be collected from the
4 purchasers/customers of ‘Owners’ Entitlement’ towards Distributable Revenue
shall be collected only by cheque/NEFT/RTGS/demand draft favouring the
Developer and deposited into a separate bank account periodically. The Parties
acknowledge withdrawals from this account is subject to the provisions of Real
Estate (Regulation and Development) Act, 2016 (‘RERA’). The amount
withdrawn/withdrawable from this account and forming part of the Distributable
Revenue shall be available for distribution to the Owners after deduction towards
the following:
a) 5% of the Distributable Revenue to the Owners until recovery of a sum of
%47,00,000/- (Rupees Forty Seven Lakhs Only) paid by the Developer to the
Owners as Interest Free Refundable Deposit (IFRD); and
b) 3% of the Distributable Revenue towards marketing fee.
‘the Owners shall designate their bank accounts for the purposes of transfer of
their respective share of revenue and distribution shall be based on the
entitlement of each of the Owners stated in clause 6.2A.
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6.16 It has been further agreed between the Owners and the Developer that the
6.17
‘Owners shall be entitled to their share of revenue on every sale made and from
out of each installment of payment received under every sale made, from the
purchasers of ‘Owners’ Entitlement’ in the Project.
At the end of every calendar month commencing from the month of launch of the
Project, on or before 10 of succeeding calendar month, the Developer shall send
a statement of sales made, amount collected and deposited into the aforesaid
bank account (supported by bank statements) with calculation of Distributable
Revenue, for distribution to the share of the Owners and the Developer.
Accordingly, the amounts in the said bank account shall be transferred (as per
instructions of the Developer) to the Owners’ bank account. Other than for the
purposes of collection of sale proceeds from the customers of the ‘Owners!
Entitlement’ and distribution of revenues to the Owners, the above bank account
shall not be used for any other purpose. For clarity, it has been understood
between the Parties hereto that the distribution of the revenue is based on the
amounts actually received and not on accrual basis.
6.18 At the end of each quarter (three months) the Developer shall provide a
certificate from an independent chartered accountant certifying the revenue
amounts due to the Owners and amounts received and paid and accordingly the
accounts shall be adjusted/squared up. While squaring up the accounts once in a
quarter, errors, omissions, cancellations, refunds etc. shall all be taken into
account,
6.19 The Developer shall also send to the Owners a monthly statement on or before
the 10" day of each subsequent month containing all the information pertaining
to sales made, such as apartment number, area, rate / sq. ft., amounts collected
towards Distributable Revenue and Non-Distributable Amount and amounts due
from purchasers of apartments. In addition, the Developer shall provide any other
reasonable information as may be sought by the Owners to assess their share of
revenue and the Owners shall also be entitled to inspect the records of receivable
account and customer documentation maintained by the Developer at its office
and if need be, take copies of the same.
6.20 On completion of the said Project, the Developer shall reconcile the entire
accounts as provided supra. If the Owners have any concerns / require
clarifications, they may address their concerns / seek clarifications from the
Developer. The Developer shall provide full co-operation and do the needful,
taking into account the concerns / issues of the Owners.
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{OJECTS PRIVATE LINNPage 17
6.21 All Non-Distributable Amount to be collected from the purchasers of the
apartments in the Project shall be separately denoted in their agreements and
collected as applicable,
6.22 Marketing of Development/ Pricing Policy:
a)
b)
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The Developer shall have the sole and exclusive right to market the ‘Owners’
Entitlement’ in the Project in the most prudent manner and in such a way that it
is to the best advantage of the Owners and the Developer. This is an essential
condition of this agreement and the Owners shail not be entitled to separately
sell or market the ‘Owners’ Entitlement’ without the written consent of the
Developer, In the event the Owners have interested parties willing to purchase
the built-up area, the Owners may also refer all such interested persons to the
Developer for evaluation and conclusion of sale.
‘The Developer will announce the launch price in consultation with the Owners
and shall make available to the Owners the pricing policy of the sale of the
constructed area as and when the same are being announced, changed, modified
including any promotion scheme ete.
The Developer shall not under any circumstance sell any unit or constructed area
below the existing announced current price, without the written consent of the
Owners, The Developer shall also not do a downward revision of any of the prices
already announced without the written consent of the Owners.
The Owners have agreed to pay to the Developer 3% (Three Percent} of
Distributable Revenue to the Owners as marketing fee with applicable taxes and
the same shall be deducted from the Owners share of revenue proportionately
from and out of every distribution and shall not be collected upfront. Other than
the said marketing fee the Owners are not be required to contribute any amount
towards marketing cost, brokerage, overheads, salary, promotions or any other
cost etc. which the Developer would incur in the marketing of the constructed
area including brokerage payable to agents and property brokers and all the
brokerage charges shall be borne solely by the Developer as part of its marketing
cost.
The Developer shall be entitled to brand the development and name various
buildings to be developed in the Project and the same shall not be changed,
However, the said Project name shall be prefixed by the brand name of the
Developer “PRESTIGE” and the project name shall not be changed without
Developer's consent.
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Page 18
f} It is clarified that though the Owners are entitled to share the revenue/sale
proceeds in the manner stated above, the Owners shall not be made liable for
any claims from the customers of constructed area and the Developer shall be
sole and exclusively responsible and liable to settle all customers claims be it for
compensation for delay, quality of construction or any other kinds of damages
claimed by the customers and any amounts paid by the Developer to customers
on account of such claims shall not be deducted from the revenue share of the
Owners. The Owners are also not be liable to share any losses which the
Developer may incur in executing the Project due to any reasons whatsoever.
g) Further, due to delay in completing the Project {not due to any force majeure
events}, if the customers have withheld the payment of their installments due (or
any part thereof) as per the sale agreements, the Developer shall be liable to
make good such payments as the Owners are not responsible for such delays.
Failing which, the Developer shall pay the Owners an interest of @1.25% (One &
Quarter Percent) per month, every month on the with-held amount, as liquidated
damages. In respect of unsold built up area, whether under constructed or not
constructed, the Owners shall be entitled to liquidated damages at rate of 0.5 %
{Half Percent) per month of delay applicable for any delay beyond a period of six
months of the scheduled completion, on the Distributable Revenue attributable
to the unsold built up area calculated on the basis of the average selling rate
achieved during the immediately preceding 3 (three) months. If the delay on the
part the Developer is over 12 (twelve) months from the scheduled date of
completion, the Owners shall be entitled to call upon the Developer to settle
Owners’ share of revenue in respect of Distributable Revenue of such unsold built
up area, calculated on the basis of the average selling rate achieved during the
immediately preceding 3 (three) months. Upon settlement ‘of Owners share of
revenue as aforesaid, the Developer shall cease to be accountable to the Owners
for such unsold built up area and shall be free to sell the same at any rate
without being liable to share pay the revenue with the Owners and the Owners
shall be deemed to have surrendered such unsold area to the Developer and the
‘Owners agree to execute any documents and deeds as may be required by the
Developer to effectuate such surrender.
h) It is agreed between the Owners and the Developer that the Project shall be
marketed by the Developer as a ‘Prestige’ project,
6.23 The Owners and the Developer shall record election of their option to go with
area share or revenue share by of a Supplementaty Agreement. The Owners shall
also execute an irrevocable Power of Attorney to enable the Developer to give
effect to the ‘revenue share’ arrangement. The irrevocable Power of Attorney
shall be duly registered with the jurisdictional office of the Sub-Registrar.
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CLUB HOUSE & OTHER AMENITIES:
As a patt of overall development, the Developer shall provide a Club House
consisting of swimming pool, gym, party hall etc. commensurate with the size of
the development, The occupants/owners of the apartments in the Schedule
Lands shall be entitled to make use of the facilities by following the rules and
regulations prescribed for the usage of the facilities. The Club House shall form
part of the common amenities for the owners / occupants of the apartments in
the Development and area of the club house shall be taken into consideration for
arriving the super built up area of every apartment in the Project.
COMMENCEMENT AND COMPLETION OF CONSTRUCTION:
Within 60 [Sixty] days from the date of securing sanctioned plan for construction
and executing the Sharing/Allocation Agreement, the Developer shall commence
construction of the Residential Apartment Building/s at the Schedule Lands.
The Developer shall develop the entire Schedule Lands in one phase and the
Developer shall under normal conditions and in the absence of any Force
Majeure event, complete the overall development and construction of the
Residential Apartment Building in accordance with the Specifications set out in
Annexure | hereto and the Sanctioned Plans within sixty (60) months from the
date of receipt of the said sanctioned plans. However, the Developer shall not
incur any liability for any delay in delivery of possession of the “OWNERS’
CONSTRUCTED AREA’ by reason of non-availability of Government Controlled
Materials, and/or by reason of Governmental restrictions and/or civil
commotion, transporters strike, Act of God or due to any injunction or
prohibitory order (not attributable to any action of the Second Party) or
conditions of force majeure (as defined under Clause 36.2 below), provided the
Developer notifies the Owners of any such event within fifteen (15) working days
of such event occurring or during such event persisting. In which events, the
Developer shall be entitled to corresponding extension of time for completion
and delivery of the said OWNERS’ CONSTRUCTED AREA’. The time taken for
obtaining occupancy certificate / completion certificate / power / water /
sanitary connections by the Developer shall be excluded at the time of computing
the period stipulated for construction. However, the Developer in any event shall
secure the Occupancy Certificate with respect to the entire Residential
‘Apartment Building within six (6) months from the date of completion of
construction. in the event of delay in securing Occupancy Certificate /
Completion Certificate or Power/sanitary/water connections, the Developer shall
arrange to have temporary electrical, water and sanitary connections until
permanent connections are obtained.
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91
in the event of any delay in completing the construction and development of the
Residential Apartment Building beyond sixty (60) months from the date of receipt
of the said sanctioned plans as stated above (other than for exempted delays for
reasons stated in Clause 8.2 above), the Developer shall be entitled to Six (6)
months grace period to complete the development and construction of OWNERS’
CONSTRUCTED AREA, without any liability. If there is any delay beyond the grace
period, the Developer shall be liable to pay to the Owners liquidated damages at
the rate of Rs.5/- (Rupees Five Only) per sq. ft. of OWNERS’ CONSTRUCTED
AREA per month of delay in completing and delivering the OWNERS’
CONSTRUCTED AREA, applicable for period of Six (6) months after the grace
period. If however the delay continues beyond Six (6) months from expiry of
grace period, the Developer shall be liable to pay liquidated damages at the rate
of Rs.7.50 (Rupees Seven Paise Fifty Only) per sq. ft. of OWNERS’ CONSTRUCTED
AREA, per month of delay. The Owners acknowledge that the liquidated damages
provided in this clause is a reasonable estimate of the loss that would be suffered
by the Owners on account of delayed delivery of OWNERS’ CONSTRUCTED AREA’
and apart from the agreed liquidated damages stated herein above, the Owners
shall not be entitled to claim any other indemnification /compensation/damages
from the Developer for such delay. It is clarified that, if the Owners have opted
to sell the whole or part of the Owners Entitlement as provided in clause 6.12
and recorded in terms of Clause 6.23 above, the Owners’ right claim damages
shall be in accordance with Clause 6.22 (g) for such area and not under this
clause.
INDEMNITY AND ASSURANCE BY OWNERS:
‘The Owners hereby confirm that their title and ownership to the Schedule Lands
is valid, good, marketable and subsisting and that no one else has any right, title,
interest or share or claim in respect of the Schedule Lands and that the Schedule
lands are not subject to any encumbrances, mortgages, litigation, lien,
attachments, court or taxation or acquisition proceedings or charges of any kind
or any tenancy claims or any third party claims. They further confirm that there is
no impediment on the Development and/or sale of the Schedule Lands and/or
disposal of the ‘DEVELOPERS’ CONSTRUCTED AREA’. The Owners shall keep the
Developer fully indemnified and harmless against any loss or liability, cost or
claim, action or proceedings and third party claims that may arise against the
Developer or any one claiming through the Developer for any act or omission
‘or commission of the Owner/s in breach of the terms hereof or on account of any
defect in or want of title on the part of the Owners to the Schedule Lands or by
reason of any misrepresentation or negligence on the part of the Owners. The
representations of the Owner set out under the Recitals to this Agreement shall
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Page 21 4
be deemed to form a part and parcel of the representations and confirmations of
the Owners to the Developer under this Agreement.
The Owners acknowledge that the Developer has entered into this Agreement
expressly on the faith and strength of such representation that the Owners have
encumbrance free marketable right, title and interest to the Schedule Lands as its
absolute owners thereof and that there are no other persons interested in the
Schedule Lands or having any right or claims thereon. The Developer has come
forward to invest huge sums of money for Development of the Schedule
Property and if it is found at a later date that the representations made by the
Owners regarding their title to the Schedule Lands are false / misleading, the
Developer shall be entitled issue 2 notice of termination of this Agreement and
call upon the Owners to refund the entire refundable deposit amount paid by
the Developer and the Owners shall also be solely liable to indemnify the
Developer for the losses incurred by the Developer due to the Owner's
misrepresentations / default and the Owners shall reimburse all the costs,
charges and expenses incurred by the Developer to obtain permissions,
clearances, consents, No Objection Certificates and sanction of license and plan
and the cost of construction and other consented losses and damages. Upto the
time the Owner's fully indemnify the Developer for the losses suffered by the
Developer, the Developer shall have a right of lien and charge over the Schedule
Lands, The Owners shall not encumber the Schedule Lands nor deal with or
dispose of the Schedule Lands or any interest or portions therein or part with its
possession. Provided that, nothing contained herein shall prevent the Owners
from selling and disposing off the OWNERS’ CONSTRUCTED AREA’ together with
proportionate undivided share in the Schedule Lands in any manner they deem it
fit after execution of the Sharing Agreement/Allocation Agreement or in terms of
clause 6.8 supra. The Owners shall not part with his possession or grant any
licence to use the Schedule Lands or do any act / omission which will prejudice
the rights of Developer under this Agreement. The Owners shall not grant any
Power/s of Attorney to deal with the Developer's undivided share in the Schedule
Lands or deal with the Developer's Entitlement in any manner whatsoever
inconsistent with this Agreement. The Owners shall prior to allotment of any of
their apartment units in the Project (forming part of the Owner's Entitlement} to
any person, ensure appropriate compliance to RERA, in co-ordination with the
Developer.
9.3 The Owners covenant with the Developer that the Developer and/or any
transferee/s of the Developer shall enjoy the ‘DEVELOPERS’ CONSTRUCTED
AREA’ or any part thereof and all the common areas and facilities in the Schedule
Lands with undivided share in the land without any let or hindrance whatsoever
from the Owners or any person claiming through or under them and the
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Developer shall have the absolute right to transfer whole or any part of the
‘DEVELOPERS’ CONSTRUCTED AREA’ with undivided share in the land in
Schedule Lands in accordance with the terms of this Agreement and the Owners:
do hereby undertake to execute at the cost of the Developer and/or its assignees
as the case may be all such deeds, documents, agreements, covenants and
writings as may be required by the Developer and/or their assignees for securing
and perfecting the title to their share in the Schedule Lands subject to the
Developer having delivered the OWNERS’ CONSTRUCTED AREA to the Owners,
The Developer acknowledges that the Owners have entered into this Agreement
and permitted Development of the Schedule Lands expressly on the faith and
strength of representation and assurance given by the Developer as set out in the
recitals above, which is part of this Agreement, and on the strength and
assurance of the Developer incompliance of the terms of this Agreement in time,
time being the essence of this Agreement. The Developer acknowledges that if
the representation and assurance or the obligations of the Developer are not
kept up and or complied it would be in breach of this Agreement and the Owners
will suffer greatly and in which case the Developer shall be solely liable for the
losses suffered by the Owners and the Developer shall make good any such losses
costs, charges and expenses incurred by the Owners.
INDEMNITY BY DEVELOPER:
Subject to the limitations owing to force majeure events and / or the provisions
of Clause 8, the Developer shall keep the Owners fully indemnified and harmless
against any loss or liability, cost or claim, action or proceedings, that may arise
against the Owners and/or the ‘OWNERS’ CONSTRUCTED AREA' in the Schedule
Property and the Residential Apartment Building to be constructed thereon by
reason of any failure on the part of the Developer to discharge their
liabilities/obligations or on account of any act of omission or commission in using
the Schedule Lands or arising out of development and putting up of the
construction or in delay thereof (subject to the limitations agreed herein) and
further the Developer shall be fully liable and responsible for any labor disputes,
injury, deaths etc or to the Government, Statutory Authorities, and ail other
Authorities for compliance of all the statutory requirements regarding
development and construction of Residential Apartment Building in or upon the
Schedule Lands. It is hereby clarified that the indemnity obligation of the
Developer shall be subject to the maximum liquidated damages liability of the
Developer as set out under Clause 8 supra. The Owners shall not be entitled to
both indemnity and liquidated damages separately
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‘TRANSFER OF DEVELOPER'S ENTITLEMENT:
The Developer shall on sanction of license and plan for construction of
Residential Apartment Buildings and execution of the Allocation/ Sharing/
Supplemental Agreement or determination of allocation, in terms of this
Agreement, be entitled to enter into agreements to sell/transfer/lease in respect
of the whole or portions of undivided share in the Schedule Lands corresponding
the ‘DEVELOPER'S CONSTRUCTED AREA’ and / or whole or portions of the
“DEVELOPER’S ENTITLEMENT’, to the persons desirous of owning/holding the
"DEVELOPER'S CONSTRUCTED AREA’ in the Residential Apartment Building/s.
The Developer will be entitled to receive the consideration reserved for such sale
and transfer in its own name without being liable to render any accounts thereof
to the Owners.
That, on completion of the Development of the Schedule Lands and construction
of the Residential Apartment Building, including the OWNERS’ CONSTRUCTED
AREA duly certified by the Architect of the Project, the Developer shall intimate
the same in writing to the Owners and the Owners shall take possession of the
same within thirty (30) days of such intimation against payment of the amounts
due and payable by them to Developer under this Agreement. Upon sending such
notice of possession of OWNERS’ CONSTRUCTED AREA the Developer shall be
entitled to hand over possession, execute sale deeds and all other deeds of
conveyance to convey and transfer the Developer's share being 67% undivided
interest in the Schedule Lands and/or the entire ‘DEVELOPER'S ENTITLEMENT’, to
any third party /ies, including the allottees of the apartment units in the Project.
The Owners at their cost shall from time to time obtain clearances, wherever
applicable, under the statutes, if any and other permissions, as required under
any law for sale/lease/ transfer within thirty (30) days or any extended time as
may be mutually agreed to between the parties in writing from the date of
request by the Developer and delivery of draft of Sale Deeds or lease/license
agreements and deeds as the case may be by the Developer in order to
sell/lease/ transfer the specified undivided share of land and_proportionate built
areas in ‘DEVELOPER’S CONSTRUCTED AREA' in favour of Developer and/or in
favour of their assignee/s and/or nominee/s of Developer. In the event of the
‘Owners not obtaining Clearance/s, Certificate/s and other permissions from the
authorities under any law as aforesaid, the Developer shall be entitled to obtain
the same for and on behalf of the Owners, which shall be a joint effort in the
interest of the development to resolve the issues at the earliest. In the event of
there being any liability towards the Income-tax or other dues that are required
to be paid, the Owners shall pay the said amount/s and obtain Clearance
Certificate/s without any delay. On default, the Developer may at their discretion
+b Te Dubsath } For PRESTIGE PROJECTS PRIVATE LIMITED
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115
11.6
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pay the said amount/s and obtain the said Clearance/s Certificate/s and/or
permission and recover the said amount/s so paid and cost of securing such
clearances/ certificates and other expenses from the Owners. It is clarified the
Owners shall not be required to obtain any clearances/permissions if such
clearances/permissions is/are required to be taken due to any acts of the
Developer.
The stamp duty, registration charges, legal fees and expenses in connection with
the preparation and execution of the Deed/s of Conveyance and/or other
documents relating to ‘DEVELOPER’S ENTITLEMENT’ in Schedule Lands to be
conveyed to Developer and/or their nominee/s and assignee/s shall be borne by
Developer and/or their nominee/s and assignee/s. Similarly what is applicable to
“OWNERS! ENTITLEMENT’ will be borne by the Owners and/or its nominee/s or
assignee/s or purchasers of OWNERS’ ENTITLEMENT’.
‘The capital gains tax, if any, that may be leviable on the transfer of land rights as
aforesaid in Schedule Lands to Owners and/or their nominees under one or
more documents shall be borne by the Owners . The Developer shall meet all
their tax liabilities arising on transfer of ‘DEVELOPER'S CONSTRUCTED AREA’ and
any nomination fee charged by the Developer towards the sale of the undivided
share falling to the share of the Developer. It is clarified that realization secured
by the Developer over and above the cost of construction incurred shall be
deemed as Developer's gains and the Owners shall not be liable to pay any tax
such amount.
The Parties have agreed that in respect of transfer and sale of the whole/
portions of DEVELOPER'S ENTITELMENT, Owners shall be made as the Sellers
and Developer as the Builder/Confirming Party in the Sale Deeds/other
Conveyances to be executed in favour of purchasers of DEVELOPER'S
ENTITLEMENT’. In this regard, the Developer shall represent the Owners in such
instruments as the Owner's power of attorney holder. In respect of the sale
deeds for OWNERS’ CONSTRUCTED AREA the Developer shall be a party either as
builder or confirming party to such sale deeds/conveyances. The execution of
Sale Deeds/other Conveyances in respect of sale/transfer of DEVELOPER'S
ENTITLEMENT (or any portion thereof), shall be by the Owners through their
Power of Attorney Holder the Developer herein and also by the Developer as
Builder/Confirming Party.
‘TAXES, MAINTENANCE, DEPOSITS ETC., ON OWNERS’ CONSTRUCTED AREA:
The Owners have paid and discharged property taxes and other outgoing in
respect of the Schedule Lands upto the date of this Agreement and shall continue
ROJECTS PRIVATE LIMITED12.2
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to pay and discharge property taxes, land revenue dues and assessments in
respect of the Schedule Lands from the date of this Agreement until the
completion of development and delivery of the OWNERS’ CONSTRUCTED AREA’
/ intimation thereof to the Owners. The Owners shall be liable to bear and pay all
property taxes, rates and cesses and charges for electricity, water and sanitary
and other services and outgoings payable in respect of the OWNERS’
CONSTRUCTED AREA’ from the date of delivery of possession of the same or on
the expiry of thirty (20) days from the date of service of a written notice by
Developer to the Owners that the OWNERS’ CONSTRUCTED AREA is ready for
delivery and occupation. In the event the Developer making payment of property
taxes upto the time of completion of OWNERS’ CONSTRUCTED AREA , the same
shall deemed to have been paid for and on behalf of the Owners and shall be
recoverable at the time of handing over of the OWNERS’ CONSTRUCTED AREA.
‘The Owners shall be liable to pay to the Developer, proportionate to the
OWNERS’ CONSTRUCTED AREA’, the departmental charges, pro-rata charges
and deposits payable to the BESCOM, BWSSB and other Authorities and cost
towards installation and creation of water, sanitary and electrical infrastructures
like Transformers, ring main units, cable charges and work executed on D.C.W.
basis along with supervision charges by the Electricity authorities, pipe laying
charges for water and sanitary connections from the Main Road and for entire
infrastructure, It is however agreed between the Owners and the Developer that
the above charges payable by the Owners shall not exceed Rs.150/- (Rupees One
Hundred Fifty Only) per sq. ft. of the OWNERS’ CONSTRUCTED AREA.
The Owners shall also be liable to pay GST and any other taxes and charges as
applicable.
‘The above charges, deposits taxes etc. shall be paid by the Owners against the
delivery of the OWNERS’ CONSTRUCTED AREA’.
The Owners and the Developer shall from the date of completion of the
‘construction of the Residential Apartment Building in all respects, maintain their
respective portions at their own cost in good and tenantable condition and shall
not do or suffer to be done anything in or to the said premises, and/or common
areas and passages which may be against law or which will cause obstruction or
interference to the users of such common areas. The Owners and/or their
transferees in regard to the OWNERS’ CONSTRUCTED AREA’ and the Developer
and/or their nominee/s in respect of ‘DEVELOPER’S CONSTRUCTED AREA’, shall
become members of Association to be formed by all the owners for the purpose
of attending to maintenance and safety of the development and all matters of
common interest and concern and shall observe and perform the
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terms/conditions/Bye-laws/Rules/Regulations of such Organisation, The
Developer until formation of the owners association and hand over of
development to owners association agrees to undertake maintenance of
‘common areas and facilities or entrust the same to a maintenance company of
their choice for the aforesaid purposes and shall be entitled to collect the
common areas maintenance expenses/charges from all the owners of the
apartments Including from the Owners in respect of the OWNERS’
CONSTRUCTED AREA’ retained by the Owners.
23-24
13. COMMON AMENITIES AND MAINTENANCE CHARGE!
13.1. The Developer will be developing the Schedule Lands into Residential Apartment
Building/s and other areas of common enjoyment. The Owners/occupants of
SOWNERS’ CONSTRUCTED AREA' and the Developer/occupants of the
DEVELOPER'S CONSTRUCTED AREA shall be entitled to make use of all such
common amenities provided in the development including the right to enjoy all
such common areas/amenities.
13.2. It is hereby agreed by the Owners that from the date the development Is
complete in all respects (the Developer having also secured occupancy
certificate) and the “OWNERS’ CONSTRUCTED AREA' is ready for occupation for
which a notice has been sent to the Owners by the Developer, whether
possession of the same is taken by the Owners or not, the Owners shall bear and
pay proportionate maintenance expenses for maintenance of common areas and
facilities, proportionate deposit to the owners association or to the Developer or
to the agency appointed by the Developer for maintenance of common areas, till
the formation of Association and all out goings on general expenses in respect
of the OWNERS’ CONSTRUCTED AREA such as insurance, municipal tax/es or
cess/es, electrical and water tax/es and charge/s or deposit/s in respect of
meters, maintenance charges, maintenance security charges and all other costs
and expenses connected with maintenance and its common areas/facilities.
‘Similarly the Developer or any one claiming through the Developer shall be liable
to pay the charges as set out in this clause, proportionate to the DEVELOPER’S
CONSTRUCTED AREA’.
14. OBLIGATION OF THE OWNER:
14,1 The Owners shall pursuant to the execution of this Agreement, execute one or
more Powers of Attorney in favour of the Developer to enable the Developer to
proceed with the obtaining of Development Plan, Licenses and Building
Construction Plans, consents in regard to the development on the Schedule Lands
and construction to be made in the form of apartments in the Residential
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Apartment Building and other facilities and authorising the Developer to
represent the Owners before the BDA, BBMP, State and Central Government
Departments, Fire Force Department, —_ Electricity, Water ‘Supply
Departments/Companies, Telecom Department, Airport and Pollution Control
Board and all other Statutory Authorities, which will be in force until the project,
development and sale are completed.
‘The Owners shall also authorize the Developer (including its nominees) under the
said powers of attorney ta sell or otherwise dispose of undivided share of land in
the Schedule Lands proportionate to the ‘DEVELOPER’S CONSTRUCTED AREA’
and / or the DEVELOPER’S ENTITLEMENT, which the Developer agrees to exercise
in terms of this Development Agreement. In case of revenue share the Developer
shall be entitled to sell the whole of the Schedule Lands in the undivided form in
favour of the purchasers of the apartments in the Project.
Notwithstanding the execution of such power/s of attorney, the Owners. shall
sign and execute necessary applications, papers, affidavits, undertakings and
documents and do all acts, deeds and things as the Developer may lawfully
require for completing the Development of the Schedule Lands and in order to
legally and effectively vest in the Developer and/or their nominee/s title to the
DEVELOPER’S CONSTRUCTED AREA & DEVELOPER’S ENTITLEMENT’ in the
Schedule Lands subject to the to the terms of this Agreement.
Its agreed between the Owners and the Developer that the power attorney that
shall be executed by the Owners in terms of Clause 14.1 above shall also
empower the Developer, upon execution of Supplementary Agreement for
allocation of built up area as provided in clause herein above, to enter into
agreements with its nominees to agree to sell / convey / transfer the
DEVELOPER'S ENTITLEMENT and / or the undivided share in the Schedule Lands
proportionate to the ‘DEVELOPER'S CONSTRUCTED AREA’ and receive advances
towards sale / transfer consideration and all other amounts in its own name
without being liable to give any account to the Owners and without delivering,
the possession of such undivided share under such agreements for sale/ transfer.
However, it is clearly agreed that the Developer shall be entitled to ‘convey’ by
means of sale deeds / transfer deeds in favour the such nominees the
DEVELOPER'S ENTITLEMENT and / or proportionate undivided share in the land
in Schedule Lands shall only upon completion of development and issue of notice
‘of possession of ‘OWNERS’ CONSTRUCTED AREA’ as provided in Clause 11.2
above,
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15.4
18.2
15.3
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REFUNDABLE DEPOSIT:
In addition to constructing and delivering the OWNERS’ CONSTRUCTED AREA to
the Owners, the Developer has agreed to place with the Owners a sum of
%47,00,000/- (Rupees Forty Seven Lakhs Only) as Interest Free Refundable
Deposit (IFRD) calculated at the rate of & 40,00,000/- per Acre.
On or before execution this Agreement the Developer has paid to the Owners the
said sum of 847,00,000/- (Rupees Forty Seven Lakhs Only) as follows :
Name ofthe Owner | Amount Demand Draft No.
B.K. KUMAR % 21,00,000/- 861156
ARUNA % 10,00,000/- 861158
DEEKSHITHA.B.K © 10,00,000/- 861157
BK, SHOBHAVATHI % 6,00,000/- 861159
All the above Demand Drafts are dated 18/05/2023 and drawn on Kotak
Mahindra Bank, Lavelle Road Branch, Bangalore, towards full payment of the
ERD the receipt of which is hereby acknowledged by the Owners.
The IFRD amount paid by the Developer to the Owners shall be recovered from
the Distributable Revenue payable to the Owners in terms of Clause 6.15 above
or in the altemative, the Owners shall pay back the IFRD amount against the
handover of the OWNERS’ CONSTRUCTED AREA. The Owners shall also be
entitled to surrender an extent of 1000 sq.ft. from out of OWNERS’
CONSTRUCTED AREA to the Developer in lieu of refund of the IFRD in full
settlement.
DOCUMENTS OF TITLI
‘The Owners have earlier furnished to the Developer a set of copies of title deeds
of the Schedule Lands. The Owners have this day deposited all the original title
deeds in respect of the Schedule Lands with the Developer. Subject to Clause 17,
upon completion of the development by the Developer and on formation of the
apartment owners! association the Developer shall be entitled to hand over the
original title documents relating to the Schedule Lands to such apartment
‘owners’ association.
The Owners assure and covenant with the Developer that their title to the
Schedule Lands is clear and marketable and free from all encumbrances and that
they have not agreed to sell whole or portions of the Schedule Lands with any
third parties and have not executed any Power of Attorney or other agreements
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empowering any person/s to deal with the Schedule Properties. The Owners also
assure that the sale of the Schedule Lands and/or portions thereof in terms of
this Agreement shall be with encumbrance free marketable title of the Owners
and free from all claims and demands.
POWER TO RAISE LOANS:
‘The Developer shall, on execution of Allocation Agreement and/or on earmarking
the areas falling to the share of the Owners, be entitled to obtain loan facilities
and / or monetary funds from Banks, Financiers, Financial Companies and/or
other Financial Institutions, required for development and construction of the
Residential Apartment Building/s in the Schedule Property on the security of
development rights of the Developer and by creating any charge / mortgage or
other encumbrance on the DEVELOPER'S ENTITLEMENT. Further, there shall be
no liability on the Owners in regard to any such debts or borrowings, interest,
penalty etc and in the event of any default in repayment of any debt/borrowing
incurred by the Developer, recovery shall be enforced only against the Developer
and their share of land and building. The power to raise loans by the Developer
shall be restricted on the “DEVELOPER'S CONSTRUCTED AREA’ and
“DEVELOPER'S ENTITLEMENT’. The Owners are not liable for any liability created
by the Developer at any time. The Developer assures and covenants with the
Owners that the liability so created by them as aforesaid will be fully met by
‘them without making the OWNERS’ CONSTRUCTED AREA’ and/or the OWNERS’
ENTITLEMENT liable and responsible for the same and in the event of such
claims, the Developer agrees to fully indemnify and keep the Owners
indemnified from such claims and demands and protect them at all times in this
regard. The Owners agree to provide reasonable co-operation and assistance to
the Developer to give effect to the above understanding without being liable to
extend any guarantee. in case of revenue sharing the borrowing by the Developer
shall be against its share of revenue and the developer shall be entitled to
deposit original title deeds with the lender.
NAME OF THE PROJECT/BUILDINGS:
‘The Residential Apartment Building to be developed on Schedule Lands shail be
known by such name as the Developer may decide.
COMPLIANCE WITH LICENCE AND PLAN:
In formation of layout and construction of the Residential Apartment Building/s
and providing electricity, water and sewerage, environmental clearance and all
other facilities and other amenities therein, the Developer shall duly observe the
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Page 30 2
rules and regulations and the laws relating thereto. in developing and selling the
Project the Owners and the Developer shall also comply with provisions of Real
Estate (Regulation & Development) Act, 2016 read with Rules (RERA} framed
thereunder by the State of Karnataka.
ADDITIONAL WORK:
‘The Developer may at their discretion agree to execute additional items of work
(other than those specified in the specifications annexed hereto) as required by
‘the Owners on a separate and mutually agreed terms/and/or rates or that the
Owners shall be at liberty to get any additional items of work done by their
‘own agency only after possession is handed over to them by the Developer. The
time taken for undertaking such additional work shall be added to the time
stipulated for completion of construction of OWNERS’ CONSTRUCTED AREA’
stipulated above if the same is undertaken by the Developer.
RIGHT OF THE OWNERS TO INSPECT THE CONSTRUCTION:
‘The Owners and/or their authorised representative/s at all reasonable times shall
with 24 hours prior notice to the Developer, have the right of inspection of the
progress of work and quality of construction and require the Developer to rectify
any errors or require the Developer to properly implement the work of OWNERS’
CONSTRUCTED AREA in the Schedule Lands. The decision of the Architect for the
Project as to the quality of the material and work, the rate of progress of work
and other related matters shall be final and binding on both the parties.
DEFECT LIABILITY PERIOD:
‘The Developer shall be responsible to the Owners to set right at its cost any
defect in the construction of proposed apartments noticed upto a period of
twelve months from the date of completion of the construction and delivery of
the same. However small hair-line cracks in the plaster, masonry, door and
windows shall not be considered as defects.
ACQUISITION:
If the entire Schedule Lands is acquired under any Law by the Government or
other Authority under the law, then this Agreement shall stand terminated.
‘Compensation payable for the full area of land shall be taken by the Owners in
entirety and the compensation payable for development and construction made
thereon by the Developer shall be taken by Developer in its entirety if the
acquisition takes place before completion of 80% of development and
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25.
26.
27.
40 RF
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2023-28
Page 21
construction. If the acquisition takes place beyond 80% of construction as
aforesaid the compensation and other sums payable on the land and building and
developments in Schedule Lands shall be shared in the ratio of 33% to the
‘Owners and 67% to the Developer. The Owners shall also be liable to refund the
security deposit paid by the Developer.
INTELLECTUAL PROPERTY RIGHTS:
Neither this Agreement nor any of the terms of this Agreement shall be:
a) construed or sought to be interpreted as authorising either Party to use the
other Party's intellectual property rights; and
b) understood or sought to be interpreted to permit either Party to use the
other Party's logo, trade name, brand name, trade mark, service mark or
copyright in any manner whatsoever save and except if agreed and recorded
in writing.
INTERPRETATION
This Agreement shall not be construed as a Partnership, Agency or otherwise
between the parties herein and/or an Agreement to Sell but shall be construed
strictly in accordance with the covenants contained in this Agreement.
ADVERTISEMENT:
The Developer shall be entitled to advertise for sale and disposal of the
apartments in the Project in any medium including the right to publish in the
Newspapers/ brochures / advertisement material, calling for response from
prospective purchasers and in terms of this Agreement.
RIGHTS AND OBLIGATION:
The parties agree that in respect of built up areas allotted to their respective
shares in the Residential Apartment Building in the Schedule Lands they shall be
entitled to own, possess and enjoy the same subject to such rights, restrictions
and obligations that are stipulated herein and both the Parties agree to stipulate
the conditions stated herein in the Conveyance/s, Lease Deeds etc., to be
executed by them in favour of any prospective Purchaser/s and/or Transferee/s
of such built up areas in the building constructed in the Schedule Lands.
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RESTIGE PROJECTS PI
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In the course of ownership and/or enjoyment of the built-up areas/units, in the
Schedule Lands each of the Parties herein and their respective transferees shall
have the following rights and obligations:
IGHTS:
{a) Full right and liberty for the Parties and persons authorised or permitted by the
Parties (common with all other persons entitled, permitted or authorised to the
like right) at all times by day and night to go, pass and repass and to use the
common areas inside and outside the building in the Schedule Lands.
(b) The right to subjacent and lateral support, shelter and protection from other
parts of the building and from the side and roof thereof.
(c)__ The right to free uninterrupted passage of running water, gas and electricity from
and to the building and to the unit allotted, through water courses, sewers,
drains, conduits, pipes, cables and wires which may be passing through the
building or any part thereof.
(d) The right of passage for the owners of the Units and the person/s authorised by
them to the common areas of the building development at all reasonable times.
(e) Right to lay cables or wires through common walls or passages for radio,
television, telephone and such other installations, having due regard to the
, similar rights of the other owners of Units in the building with prior written
4 permission of Developer and/or Maintenance Company as the case may be.
{f) Subject to payment for common facilities and services, the right to enjoy the
common facilities and services provided in the building.
\ (g) The right to the use of common open area around the building (other than the
area specifically allotted to any owner for exclusive use) and the entrance area of
the building
(h) Absolute ownership and possession of the units and car parking/s and other
benefits and advantages allotted
(i) Exclusive right and use of any portion of Terrace Area and/or Garden Area if
allotted.
() Right to use and enjoy all the roads, pathways, approaches, common areas and
all facilities in the development in Schedule Lands.
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PRIVATE LIMITED2
4
Page 33,
RESTRICTIONS ON THE RIGHT/S OF THE PARTIES:
The Parties and the prospective owners/Lessors of Units in the building in the Schedule
Lands shall be bound by the following restrictions and covenants in the course of
ownership and enjoyment of such Units.
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Not to raise any construction in addition to the Units allotted in the Schedule
Lands.
Not to use or permit the user of the Unit/s which would diminish the value, utility
of the pipes, cisterns and other common amenities and facilities provided in the
building,
Not to use the space in the land left open after the construction and completion
of the development of the Schedule Lands which might cause hindrance to the
free ingress to or egress from any part of the building.
Not to park any vehicle at any place in the Schedule Lands other than in the
allocated parking area allotted to each of the Parties.
Not to default in the payment of any taxes or levies or expenses to be shared
with the other owners of other units and not to default in payment of
maintenance deposit decided by the parties hereto by mutual consent.
Not to make any arrangement for the maintenance or the common amenities in
the building other than to the Maintenance Company or Developer.
Not to store in the said Unit any goods which are hazardous, combustible,
dangerous ot considered objectionable or which are excessively heavy as to
affect or damage the construction or weaken the structure of the said building
Not to carry of cause to be carried heavy packages which are likely to damage the
lobbies, staircases, lifts, ladders, common passage or any other structure or parts
of the said building,
Not to use or permit the use of the common passages, common staircases or
common areas for storage, display boards, materials etc., or in a manner as
to cause inconvenience, obstruction or nuisance to others or to affect the
aesthetics of the building or any part thereof.
Not to throw or allow or suffer to be thrown dirt, rubbish, rags, cigarettes and/or
other refuse from the building or in the common areas of the building or on the
Schedule Lands.
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