Ward No.

:-
Village : - VANGANI
Market Value : -
ActualValue :-

Stamp Duty :-

Flat Area :-

AGREEMENT FOTI SALE

THIS ARTICLB OF AGREEMENT MAdE At VANGANI TAIUKA

Ambernath, Dist Thane; on this day of

2023.

BETWEEN

A B. SHEI.IR
BUILDERS AND DEVELffiS
flAJ IHz "fl .A
gfi3q0J3v i i. i t'1A 3,!lC.tlt
 2

A. R. SHELAR BUILDERS AND DEVELOPERS Through Its

proprietor MR. AMIT ASHOK SHELAR, Age Years, off/At-

Ashok vatika, Near H.P. Petrol Pump, Vangani- (E) Tal.

Ambernath Dist Thane. hereinafter called and referred to as the
Promoters/Builders (which expression shall unless it be repugnant to
the context or meaning thereof and include the partners or partner for
the time being of the said firm, the survivor of them and their heirs,
executors and administrators of the last survivor and their/his or her
assigns of the One Part. COMPANY PAN -
AND
1) MR. Age , Occu.

-
PAN 2) MR. Age ,

Occu. , PAN - R/at :

Hereinafter referred to as "The FLAT PURCHASER'S" (Which expression

shall unless the context does not so admit includes his/ her/ their heirs, executors,

administrators and assigns) of the OTHER PART.

WHEREAS:-

AND WHEREAS 7172 extract Gut No. 29, Area admeasuring 10650 Sq. Mtrs
Asst. 106Rs. l2Paise, Situated at Village VANGANI, Tal-Ambarnath, Dist.-
Thane issued by Talathi Saja Vangani, Tal- Ambernath, in favour of Mr. Amit
Ashok Shelar.

AND WHEREAS Sale Deed dated 3110112014, duly registered at the office of the
sub-registrar of assurances at Ulhasnagar-2 under serial no. 131812014. executed
by and between Ashok Rajaram Shelar as owner and Amit Ashok Shelar as

purchaser. Hence as per Sale Deed Amit Ashok Shelar name mutated on7l12

extract of the said land by Mutation Entry No. 1767 as a owner.

AND WHEREAS Mutation Entry No. 2784 Certified by Circle Officer Goregaon
on dtd l8l}5l2}23, as per the order of Collector Thane bearing no. fuat)ft sirlel o.

a-6gd/6er u)-r+rut.q,,t'r+.3rrt-ol-2023 kaio osloet2o2s, the said land coverud under

Non Agriculture Use & as per the said order Gat No. 29 Total Area Admeasuring
10650.00 Sq.Mtrs out of Area Admeasuring 8928.65 Sq. Mtrs converted into
Residential Use &, Area Admeasuring 1721.35 Sq. M{r.s. conveSted.
rf into
](* . ii,d .f"

A. R. SHEI.AR
flil^DERS AND DEVELOPERS
 3

Commercial Use. As per the collector order Area Admeasuring 10650.00 Sq.
Mtrs Amenities Space,l0oh Open Space & 10 o% Proposed Open Space.

AND WHEREAS Construction Permission granted by District Collector Thane

on dtd 0310312023 under bearing No. regaroa rD-r+rsr.q/t'ff.3lr{-or -202s for land
bearing Gat No. 29 Situated at -Village VANGANI, Tal.-Ambamath, Dist.-
Thane. The said authority granted permission for construction of Building No. 1

to 5 - Ground + Stilt t Seventh Floors, Building No. 6, Wing A & B - Ground +

- Ground + Stilt t Seventh

Stilt + Seventh Floors Building No. 7, Wing A,B,C,D
Floors, Building No. 8 - Ground + Floor & School - Ground + Stilt + Fourth
Floor.

The copy of the Tll2Extract showing the name of the owner as the Owner of the
said land is annexed hereto.

AND WHEREAS Promoter are entitled and enjoined upon to construct buildings
on the project land in accordance with the recitals hereinabove;

AND WHEREAS the Promoter is in possession of the project land.

AND WHEREAS the Promoter has entered into a Standard Agreement with an

Architect registered with the Council of Architects and such Agreement is as per
the Agreement prescribed by the Council of Architects;

AND WHEREAS the Promoter has registered the Project under the provisions of
the Act with the Real Estate Regulatory Authority at

Authenticated copy is
attached in Arurexure "F".

AND WHEREAS the Promoter has appointed a structural Engineer for the
preparation of the structural design and drawings of the buildings and the
Promoter accepts the professional supervision of the Architect and the structural
Engineer till the completion of the building/buildings.

AND WHEREAS by virtue of the Sale Deed the Promoter has sole and exclusive
right to sell the Flats (Apartments) in the said building/s to be constructed by the
Promoter on the project land and to enter into Agreement/s with the Allottee(s)/s
of the Flats (Apartments) to receive the sale consideration in respect thereof;

AND WHEREAS on demand from the allottee, the Promoter has given inspection
to the Allottee of all the documents of title relating to the project land and the
plans, designs and specif,rcations prepared by the Promoter's Architects "Shri.

A. B. SHEI,AR
BUILDERS AND DEVELOPERS
 4

" and of such other documents

as are specified under the Real Estate (Regulation and Development) Act.2016
(hereinafter referred to as "the said Act") and the Rules and Regulations made
thereunder;

AND WHEREAS the authenticated copies of Certificate of Title issued by the

Advocate of the Promoter, authenticated copies of extract of Village Forms VI
and VII and XII or any other relevant revenue record showing the nature of the
title of the Promoter to the project land on which the Flats (Apartments) are

constructed or are to be constructed have been annexed hereto and marked as

Annexure 'A' and 'B', respectively.

AND WHEREAS the authenticated copies of the plans of the Layout as approved

by the concerned Local Authority have been annexed hereto and marked as

Annexure C-1.

AND WHEREAS the authenticated copies of the sanctioned plans of the building
by the Promoter and according to which the construction of the buildings and
open spaces are proposed to be provided for on the said project have been
annexed hereto and marked as Annexure C-2.

AND WHEREAS the authenticated copies of the plans (Floor Plan) of the Flat
agreed to be purchased by the Allottee, as sanctioned and approved by the local
authority have been annexed and marked as Annexure D.

AND WHEREAS the Promoter has got some of the approvals from the concerned
local authority(s) to the plans, the specifications, elevations, sections and of the
said building/s and shall obtain the balance approvals from various authorities
from time to time, so as to obtain Building Completion Certificate or Occupancy
Certificate of the said Building.

AND WHEREAS while sanctioning the said plans concerned local authority
and/or Government has laid down certain terms, conditions, stipulations and
restrictions which are to be observed and performed by the Promoter while
developing the project land and the said building and upon due observance and
performance of which only the completion or occupancy certificate in respect of
the said building/s shall be granted by the concemed local authority.

AND WHEREAS the Promoter has accordingly commenced construction of the

said building/s in accordance with the said proposed plans.

autoefiXi,BXlHopERs
 5

AND WHEREAS the Promoter has proposed to construct on the project land
under their project named and marketed as "ASHOK VATIKA,,. (hereinafter
referred to as "the said Complex") of these present plot of land bearing Gut
No. 29, Area admeasuring 10650 Sq. Mtrs Asst. l06Rs. l2paise, Situated at
village VANGANI, Tal-Ambarnath, Dist.-Thane issued by Talathi Saja
Vangani, Tal.- Ambernath (more particularly set out and described in the

'FIRST SCHEDULE' written hereunder)

AND WHEREAS while sanctioning the said Plans, has laid down certain terms,
conditions, stipulations and restrictions which are to be observed and
performed by the Promoters while developing the said land and the said
buildings, which shall have to be duly observed and performed.

AND WHEREAS Allotted/s is/are offered Flat bearing No. _, on

Floor, Wing (hereinafter referred to as the "SAID FLAT',) in the of
Project Known As "ASHOK VATIKA" (herbinafter referred to as the ',SAID
COMPLEX") which is to have Total carpet area of Sq. Mtrs
constructed in the phase of said project by the Promoter.

AND WHEREAS the Allottee has applied to the Promoter for allotment of Flat
No. ........., on ........ Floor, _ Wing situated in the project known as "ASHOK
VATIKA" being constructed in the said Project.

AND WHEREAS the carpet area of the said Flat is Sq Mtrs and "carpet
area" means the net usable floor area of Flat (Apartment), excluding the area
covered by the external walls, areas under services shafts, exclusive balcony
appurtenant to the said Flat for exclusive use of the Allottee or verandah area and

exclusive open terrace area appurtenant to the said Flat for exclusive use of the
Allottee, but includes the area covered by the internal partition walls of the Flat.

AND WHEREAS, the Parties relying on the confirmations, representations and

assurances of each other to faithfully abide by all the terrns. conditions and

stipulations contained in this Agreement and all applicable laws. are now willing

to enter into this Agreement on the terms and conditions appearing hereinafter;

AND WHEREAS, prior to the execution of these presents the Allottee has paid to
the Promoter a sum of Rs. ..................../- (Rupees
Only) being part payment of the sale

consideration of the Flat agreed to be sold by the Promoter to the Allottee as

advance payment or Application Fee (the payment and receipt whereof the

Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay

A. R. SHII.AR
BUILDERS AND DEVELOPERS

N
 6

to the Promoter the balance of the sale consideration in the manner hereinafter
appearing.

AND WHEREAS, under section 13 of the said'Act the Promoter is required to

execute a written Agreement for sale of said Flat (Apartment) with the Allottee,
being in fact these presents and also to register said Agreement under the
Registration Act, 1 908.

In accordance with the terms and conditions set out in this Agreement and as

mutually agreed upon by and between the Parties, the Promoter hereby agrees to
sell and the Allottee hereby agrees to purchase the Flat and the garagelcovered
parking (if applicable).

NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS

HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:-

l. The Promoter shall construct the said building/s consisting of Builcling on

the project land in accordance with the plans, designs and specifications as

approved by the concerned local authority from time to time. Provided that the
Promoter shall have to obtain prior consent in writing of the Allottee in respect of
variations or modifications which may adversely affect the Flat of the Allottee
except any alteration or addition required by any Government authorities or due to

change in law.

t.a (i) The Allottee hereby agrees to purchase from the Promoter and the
Promoter hereby agrees to sell to the Allo"ttee Flat No. of Carpet
Area admeasuring .. sq. metres on ............ Floor of complex
known as "ASHOK VATIKA" in " ." wing (hereinafter referred
to as "the Flat ") as shown in the Floor plan thereof hereto annexed and
marked Annexures D for the consideration ol' Rs.................../-
(Rupees.... ... Only).

(ii) The Allottee hereby agrees to purchase from the Promoter and the
Promoter hereby agrees to sell to tiie Allottee Flat bearing Nos.
situated at VANGANI being constructed in the layout for--the
consideration of Rs l- (Rupees
Only)

(iii) The Allottee hereby agrees to purchase from the promoter and the
Promoter hereby agrees to sell to tl-re Allottee garage bearing Nos.
_
situated at basement andior stilt and /or podiLrnr

A. R. SHEIAR
BUILDERS ANP DEVELOPERS

)
 7

being constructed in the layout for the consideration of Rs

(Rupees Only).

(iv) The Allottee hereby agrees to purchase from the Promoter and the

Promoter hereby agrees to sell to the Allottee covered parking bearing

Nos. situated at basement and/or stilt and /or
podium being constructed in the layout for the consideration of Rs

/- (Rupees Only).

1(b) The total aggregate consideration amount for the apartment including
garages/covered parking spaces is thus Rs l- (Rupees

Only).
1(c) The Allottee has paid on or before execution of this agreement a sum of Rs
(Rupees only) (not exceeding
10% of the total consideration) as advance payment or application fee and
hereby agrees to pay to that Promoter the balance amount of Rs

..........( Rupees ....................) in the following

manner:-

i. Amount of Rs ..........( Rupees ....................) (not

exceeding 30Yo of the total consideration) to be paid to the Promoter after the
execution of Agreement.

ii. Amount of Rs ..........( Rupees ....................) (not

exceeding 45%o of the total consideration) to be paid to the Promoter on
completion of the Plinth of the building or wing in which the said Apartment is
located.

iii. Amount of Rs ..........( Rupees ....................) (not

exceeding 70Yo of the total consideration) to be paid to the Promoter on
completion of the slabs including podiums and stilts of the building or wing in
which the said Apartment is located.

iv. Amount of Rs ..........( Rupees ....................) (not

exceeding 75%o of the total consideration) to be paid to the Promoter on
completion of the walls, internal plaster, floorings doors and windows of the said
Apartment.

v. Amount of Rs ..........( Rupees ...................) (not

exceeding 80% of the total to be paid to the Promoter on
consideration)
completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor
level of the said Apartment.

A. B. SHEI.IB
BUILDERS ANP DEVELOPERS
 8

vi. Amount of Rs ..........(Rupees .... .. ........) ( not

exceeding 85% of the total consideration) to bepaid to the Promoter on
completion of the external plumbing and external plaster, elevation, terraces with
waterproofing, of the building or wing in which the said Apartment is located.

vii. Amount of Rs .........( Rupees ............ .. . .) (not

exceeding 95Y, of the total consideration) to be paid to the Promoter on
completion of the lifts, water pumps, electrical fittings, electro, mechanical and
environment requirements, entrance lobby/s, plinth protection, paving of areas
appertain and all other requirements as may be prescribed in the Agreement of
sale of the building or wing in which the said Apartment is located.

viii. Balance Amount of Rs ..... . ( Rupees ... ..... . . .)

against and at the time of handing over of the possession of the Apartment to the
Allottee on or after receipt of occupancy certificate or completion certificate.

1(d) The Total Price above excludes Taxes (consisting of tax paid or payable
by the Promoter by way of Value Added Tax, Service Tax, and Cess or
any other similar taxes which may be levied, in connection with the
construction of and carrying out the Project payable by the Promoter) up
to the date of handing over the possession of the Flat (Apartment).

1(e) The Total Price is escalation-free, save and except escalations/increases,

due to increase on account of development charges payable to the
competent authority andlor any other increase in charges which may be
levied or imposed by the competent authority Local Bodies/Government
from time to time. The Promoter undertakes and agrees that while raising
a demand on the Allottee for increase in development charges, cost, or
levies imposed by the competent authorities etc., the Promoter shall
enclose the said notification/order/rule/regulation published/issued in that

behalf to that effect along with the demand letter being issued to the
Allottee, which shall only be applicable on subsequent payments.

1(0 The Promoter may allow, in its sole discretion, a rebate for early payments

of equal instalments payable by the Allottee by discounting such early

payments @ % per annum for the period by which the respective
instalment has been preponed. The provision for allowing rebate and such
rate of rebate shall not be subject to any revisiorVwithdrawal, once granted

to an Allottee by the Promoter.

A. R. SHTI,AR
BUILDERS AND DEVELOPERS
 9

1(g) The Promoter shall confirm the final carpet area that has been allotted to
the Allottee after the construction of the Building is complete and the
occupancy certificate is granted by the competent authority, by furnishing

details of the changes, if any, in the carpet area, subject to a variation cap

of three percent. The total price payable for the carpet area shall be
recalculated upon confirmation by the Promoter. If there is any reduction
in the carpet area within the defined limit then Promoter shall refund the
excess money paid by Allottee within forty-five days with annual interest
at the rate specihed in the Rules, from the date when such an excess

amount was paid by the Allottee. If there is any increase in the carpet area
allotted to Allottee, the Promoter shall demand additional amount from the
Allottee as per the next milestone of the Payment Plan. All these monetary
adjustments shall be made at the same rate per square meter as agreed in
Clause 1(a) of this Agreement.

1(h) The Allottee authorizes the Promoter to adjust/appropriate all payments

made by him/her under any head(s) of dues against lawful outstanding, if
any, in his/her name as the Promoter may in its sole discretion deem fit
and the Allottee undertakes not to object/demand/direct the Promoter to
adjust his payments in any manner.

2.1 The Promoter hereby agrees to observe, perform and comply with all the
terms, conditions, stipulations and restrictions if any, which may have
been imposed by the concemed local authority at the time of sanctioning
the said plans or thereafter and shall, before handing over possession of
the Flat(Apartment) to the Allottee, obtain from the concemed local
authority occupancy and/or completion certificates in respect of the

Flat(Apartment).

2.2 Time is essence for the Promoter as well as the Allottee. The Promoter
shall abide by the time schedule for completing the project and handing
over the Flat(Apartment) to the Allottee and the common areas to the
association of the allottees after receiving the occupancy certificate or the

completion certificate or both, as the case may be. Similarly, the Allottee
shall make timely payments of the instalment and other dues payable by
himlher and meeting the other obligations under the Agreement subject to
the simultaneous completion of construction by the Promoter as provided
in clause 1 (c) herein above ("Payment Plan").

ltJ
A. R. SHEI.,AR erSgoJl
BUILDERS AND DEVELOPERS
 10

J. The Promoter hereby declares that the Floor Space Index available as on
date in respect of the project land is 749 square meters only and Promoter

has planned to utilize Floor Space Index of i.50 by availing of TDR or

FSI available on payment of premiums or FSI available as incentive FSI
by implementing various scheme as mentioned in the Development
Control Regulation or based on expectation of increased FSI which may
be available in future on modification to Development Control
Regulations, which are applicable to the said Project. The Promoter has
disclosed the Floor Space Index of 1.50 as proposed to be utilized by him
on the project land in the said Project and Allottee has agreed to purchase

the said Flat (Apartment) based on the proposed construction and sale of
Flats (Apartments) to be carried out by the Promoter by utilizing the
proposed FSI and on the understanding that the declared proposed FSI
shall belong to Promoter only.

4.t If the Promoter fails to abide by the time schedule for completing the
project and handing over the Flat (Apartment) to the Allottee, the
Promoter agrees to pay to the Allottee, who does not intend to withdraw
from the project, interest as specified in the Rule, on all the amounts paid
till the handing over of the
by the Allottee, for every month of delay,
possession. The Allottee agrees to pay to the Promoter, interest as
specified in the Rule, on all the delayed payment which become due and
payable by the Allottee to the Promoter under the terms of this Agreement
from the date the said amount is payable by the allottee(s) to the Promoter.

4.2 Without prejudice to the right of promoter to charge interest in terms of

sub clause 4.1 above, on the Allottee committing default in payment on
due date of any amount due and payable by the Allottee to the Promoter
under this Agreement (including his/her proportionate share of taxes
levied by concerned local authority and other outgoings) and on the
allottee committing three defaults of payment of instalments, the Promoter
shall at his own option, may terminate this Agreement:

Provided that, Promoter shall give notice of fifteen days in writing to the
Allottee, by Registered Post AD at the address provided by the allottee
and mail at the e-mail address provided by the Allottee, of his intention to

terminate this Agreement and of the specific breach or breaches of terms

and conditions in of which it is intended to terminate the

respect
Agreement. If the Allottee fails to rectif,i the breach or breaches
mentioned by the Promoter within the period of notice then at the end of

A. B. SHEIAR
BUILDERS ANP DEVELOPERS
 LL

such notice period, promoter shall be entitled to terminate this Agreement.

Provided further that upon termination of this Agreement as aforesaid, the

Promoter shall refund to the Allottee (subject to adjustment and recovery

of any agreed liquidated damages or any other amount which may be
payable to Promoter) within a period of thirty days of the termination, the
instalments of sale consideration of the Flat/Shop (Apartment) which may

till then have been paid by the Allottee to the Promoter.

5. The fixtures and fittings with regard to the flooring and sanitary fittings
and amenities like one or more lifts with particular brand, or price range to
be provided by the Promoter in the said building and the Flat (Apartment)

as are set out in Annexure 'E', annexed hereto.

6. The Promoter shall give possession of the Flat (Apartment) to the Allottee
on or before....... day of ..............20 . If the Promoter fails or
neglects to give possession of the Flat (Apartment) to the Allottee on
account of reasons beyond his control and of his agents by the aforesaid
date then the Promoter shall be liable on demand to refund to the Allottee

the amounts already received by him in respect of the Flat/shop

(Apartment) with interest at the same rate as may mentioned in the clause
4.1 herein above from the date the Promoter received the sum till the date
the amounts and interest thereon is repaid.

Provided that the Promoter shall be entitled to reasonable extension of

time for giving delivery of Flat (Apartment) on the aforesaid date, if the
completion of building in which the Flat (Apartment) is to be situated is
delayed on account of (i) war, civil commotion or act of God ;

(ii) any notice, order, rule, notification of the Government and/or other
public or competent authority/court.

7.1 Procedure for taking possession - The Promoter, upon obtaining the
occupancy certificate from the competent authority and the payment made
by the Allottee as per the agreement shall offer in writing the possession
of the Flat (Apartment), to the Allottee in terms of this Agreement to be

taken within 3 (three months from the date of issue of such notice and the
Promoter shall give possession of the Flat (Apartment) to the Allottee. The
Promoter agrees and undertakes to indemnify the Allottee in case of
failure of fulfilment of any of the provisions, formalities, documentation
on part of the Promoter. The Allottee agree(s) to pay the maintenance
charges as determined by the Promoter or association of illottees, as the

A. R. SHEIAR
BUILDERS ANP DEVELOPERS

W
 L2

case may be. The Promoter on its behalf shall offer the possession to the
Allottee in writing within 7 days of receiving the occupancy certificate of
the Project.

7.2 The Allottee shall take possession of the Flat (Apartment) within 15 days
of the written notice from the Promoter to the Allottee intimating that the
said Flats (Apartments) are ready for use and occupancy:

7.3 Failure of Allottee to take Possession of Flats/Shops (Apartments) :

Upon receiving a written intimation from the Promoter as per clause 8.1,
the Allottee shall take possession of the Flat (Apartment) from the
Promoter by executing necessary indemnities, undertakings and such other

documentation as prescribed in this Agreement, and the Promoter shall

give possession of the Flat (Apartment) to the allottee. In case the Allottee

fails to take possession within the time provided in clause 8.1 such
Allottee shall continue to be liable to pay maintenance charges as

applicable.

7.4 If within a period of five years from the date of handing over the
Flat(Apartment) to the Allottee, the Allottee brings to the notice of the
Promoter any structural defect in the Flat (Apartment) or the building in
which the Flats/Shops (Apartments) are situated or any defects on account
of workmanship, quality or provision of service, then, wherever possible
such defects shall be rectified by the Promoter at his own cost and in case

it is not possible to rectify such defects, then the Allottee shall be entitled
to receive from the Promoter, compensation for such defect in the manner
as provided under the Act.

8. The Allottee shall use the Flat (Apartment) or any part thereof or permit
the same to be used only for purpose of *residence/office/show-

room/godown for carrying on any industry or business.(xstrike of which is

not applicable) He shall use the garage or parking space only for purpose
of keeping or parking vehicle.

9. The Allottee along with other allottee(s) of Flats (Apartments) in the

building shall join in forming and registering the Society or Association or
a Limited Company to be known by such name as the Promoter may
decide and for this purpose also from time to time sign and execute the
application for registration and/or membership and the other papers and
documents necessary for the formation and registration of the Society or
Association or Limited Company and for becoming a member, including

A. R. SHEIAR
BUILDERS AND DEVELOPERS
 13

the byelaws of the proposed Society and duly fill in, sign and return to the
Promoter within seven days of the same being forwarded by the Promoter

to the Allottee, so as to enable the Promoter to register the common

organisation of Allottee. No objection shall be taken by the Allottee if any,
changes or modifications are made in the draft bye-laws, or the
Memorandum and/or Articles of Association, as may be required by the
Registrar of Co-operative Societies or the Registrar of Companies, as the
case may be, or any other Competent Authority.

9.t The Promoter shall, within three months of registration of the Society or
Association or Limited Company, as aforesaid, cause to be transferred to
the society or Limited Company all the right, title and the interest of the
Vendor/Lessor/Original Owner/Promoter and/or the owners in the said
structure of the Building or wing in which the said Flat (Apartment) is
situated.

9.2 The Promoter shall, within three months of registration of the

Federation/apex body of the Societies or Limited Company, as aforesaid,

cause to be transferred to the Federation/Apex body all the right, title and
the interest of the Promoter and/or the owners in the project land on which
the building with multiple wings or buildings are constructed.

9.3 Within 15 days after notice in writing is given by the Promoter to the
Allottee that the Flat (Apartment) is ready for use and occupancy, the
Allottee shall be liable to bear and pay the proportionate share [i.e. in
proportion to the carpet area of the Flat (Apartment)] of outgoings in
respect of the project land and Building/s namely local taxes, betterment

charges or such other levies by the concerned local authority and/or

Govemment water charges, insurance, corrlmon lights, repairs and salaries

of clerks bill collectors, chowkidars, sweepers and all other expenses

necessary and incidental to the management and maintenance of the
project land and building/s. Until the Society or Limited Company is
formed and the said structure of the building/s or wings is transferred to it,
the Allottee shall pay to the Promoter such proportionate share of
outgoings as may be determined. The Allottee further agrees that till the
Allottee's share is so determined the Allottee shall pay to the Promoter
provisional monthly contribution of Rs. ...............1- per month towards the
outgoings. The amounts so paid by the Allottee to the Promoter shall not
carry any interest and remain with the Promoter until a

conveyance/assignment of lease of the structure of the building or wing is

A. R. SHEI.{R

ffi
BUILDERS ANP DEVELOPERS
 L4

executed in favour of the society or a limited company as aforesaid. On

such conveyance/assignment of lease being executed for the structure of
the building or wing the aforesaid deposits (less deduction provided for in
this Agreement) shall be paid over by the Promoter to the Society or the
Limited Company, as the case may be.

10. The Allottee shall on or before deliverv of possession of the said premises
shall pay to the Promoter Rs which includes the following :-

(i) Share money, application entrance fee of the Society or Limited

Company/Federation/ Apex body.

(ii) Formation and registration of the Society or Limited

Company/Federation/ Apex body.

(iii) Proportionate share of taxes and other charges/levies in respect of

the Society or Limited Company/FederatiorV Apex body

(iv) Deposit towards Water, Electric, and other utility and services
connection charges

(v) Electrical receiving and Sub Station provided in Layout.

11. The Allottee shall pay to the Promoter a sum of Rs. ..../- for
meeting all legal costs, charges and expenses, including professional costs

of the Attorney-at- Law/Advocates of the Promoter in connection with

formation of the said Society, or Limited Company, or Apex Body or
Federation and for preparing its rules, regulations and bye-laws and the
cost of preparing and engrossing the conveyance or assignment of lease.

12. At the time of registration of conveyance or Lease of the structure of the

building or wing of the building, the Allottee shall pay to the Promoter,
the Allottees' share of stamp duty and registration charges payable, by the
said Society or Limited Company on such conveyance or lease or any
document or instrument of transfer in respect of the structure of the said
Building /wing of the building. At the time of registration of conveyance
or Lease of the project land, the Allottee shall pay to the Promoter, the
Allottees' share of stamp duty and registration charges payable, by the said
Apex Body or Federation on such conveyance or lease or any document or
instrument of transfer in respect of the structure of the said land to be
executed in favour of the Apex Body or Federation.

A. R. SHEIAR
BUTLDERS ANp DEVELoPERS
 15

13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER

The Promoter hereby represents and warrants to the Allottee as follows:

I The Promoter has clear and marketable title with respect to the
project land; as declared in the title report annexed to this agreement
and has the requisite rights to carry out development upon the project

land and also has actual, physical and legal possession ofthe project
land for the implementation of the Project;

il The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and
shall obtain requisite approvals from time to time to complete the
development of the project;

111 There are no encumbrances upon the project land or the Project
except those disclosed in the title report;

lv. There are no litigations pending before any Court of law with respect
to the project land or Project except those disclosed in the title
report;

All approvals, licenses and permits issued by the competent

authorities with respect to the Project, project land and said
building/wing are valid and subsisting and have been obtained by
following due process of law. Further, all approvals, licenses and
permits to be issued by the competent authorities with respect to the
Project, project land and said building/wing shall be obtained by
following due process of law and the Promoter has been and shall, at
all times, remain to be in compliance with all applicable laws in
relation to the Project, project land, Building/wing and common
areas;

vl. The Promoter has the right to enter into this Agreement and has not
committed or omiffed to perform any act or thing, whereby the right,
title and interest of the Allottee created herein, may prejudicially be
affected;

vll. The Promoter has not entered into any agreement for sale and/or
development agreement or any other agreement / arrangement with
any person or party with respect to the project land, including the

A. R. SHEI,AR
BUILDERS ANP DEVELOPERS
 15

Project and the said Flat (Apartment) which will, in any manner,
affect the rights of Allottee under this Agreement;

viii. The Promoter conf,rrms that the Promoter is not restricted in any
manner whatsoever from selling the said Flat (Apartment) to the
Allottee in the manner contemplated in this Agreement;

tx. At tlie time of execution of the conveyance deed of the structure to

the association of allottees the Promoter shall handover lawful,
vacant, peaceful, physical possession of the common areas of the
Structure to the Association of the Allottees:

x. The Promoter has duly paid and shall continue to pay and discharge
undisputed governmental dues, rates, charges and taxes and other
monies, levies, impositions, premiums, damages and/or penalties and
other outgoings, whatsoever, payable with respect to the said project
to the competent Authorities;

xl. No notice from the Government or any other local body or authority
or any legislative enactment, government ordinance, order,
notification (including any notice for acquisition or requisition of the
said property) has been received or served upon 1 Promoter in
respect of the project land and/or the Project except those disclosed
in the title report.

1,4. The Allottee/s or himself/themselves with intention to bring all persons

into whosoever hands the Flat (Apartment) may come, hereby covenants
with the Promoter as follows :-

I To maintain the Flat(Apartment) at the Allottee's own cost in good

and tenantable repair and condition from the date that of possession

of the Flat(Apartment) is taken and shall not do or suffer to be done

any.thing in or to the building in which the Flat(Apartment) is
situated which may be against the rules, regulations or bye-laws or
change/alter or make addition in or to the building in which the
Flat(Apartment) is situated and the Flat(Apartment) itself or any part
thereof without the consent of the local authorities, if required.

ii. Not to store in the Flat (Apartment) any goods which are of
hazardous, combustible or dangerous nature or are so heavy as to
damage the construction or structure of the building in which the
Flat (Apartment) is situated or storing of which goods is objected to

A. R. SHTL{R
BUILDERS ANP
DEVEIOPCNS
 L7

by the concerned local or other authority and shall take care while
carrying heavy packages which may damage or likely to damage the
staircases, corrmon passages or any other structure of the building in

which the Flat (Apartment) is situated, including entrances of the

building in which the Flat (Apartment) is situated and in case any
damage is caused to the building in which the Flat(Apartment) is
situated or the Flat (Apartment) on account of negligence or default
of the Allottee in this behalf, the Allottee shall be liable for the
consequences of the breach.

lll To carry out at his own cost all internal repairs to the said Flat
(Apartment) and maintain the Flat (Apartment) in the same
condition, state and order in which it was delivered by the Promoter
to the Allottee and shall not do or suffer to be done anl,thing in or to
the building in which the Flat (Apartment) is situated or the
Apartment which may be contrary to the rules and regulations and
bye-laws of the concemed local authority or other public authority.
In the event of the Allottee committing any act in contravention of
the above provision, the Allottee shall be responsible and liable for
the consequences thereof to the concerned local authority and/or
other public authority.

lv. Not to demolish or cause to be demolished the Flat(Apartment) or

any part thereof, nor at any time make or cause to be made any
addition or alteration of whatever nature in or to the Flat (Apartment)
or any part thereof, nor any alteration in the elevation and outside
colour scheme of the building in which the Flat (Apartment) is
situated and shall keep the portion, sewers, drains and pipes in the

Apartment and the appurtenances thereto in good tenantable repair

and condition, and in particular, so as to support shelter and protect
the other parts of the building in which the Flat (Apartment) is

situated and shall not chisel or in any other marurer cause damage to
columns, beams, walls, slabs or RCC, Pardis or other structural
members in the Flat (Apartment) without the prior written
permission of the Promoter and/or the Society or the Limited
Company.

V. Not to do
Not oo or permit to be
pennlt to done anv
be done act or thine
any act thmg
ing which
whi
wtuch may render
void or voidable any insurance of the project land and thfift{Hint itl .A
which the Flat (Apartment) is situated or any part thereof or whereby

A. R. SHEI.IR

5ff
BUILDERS ANp DEVELoPERS
 18

any increased premium shall become payable in respect of the

insurance.

vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the
same to be thrown from the said Flat (Apartment) in the compound
or any portion of the project land and the building in which the Flat
(Apartment) is situated.

vii. Pay to the Promoter within fifteen days of demand by the Promoter,
his share of security deposit demanded by the concerned local
authority or Government or giving water, electricity or any other
service connection to the building in which the Flat (Apartment) is
situated.

viii. To bear and pay increase in local taxes, water charges, insurance and
such other levies, if any, which are imposed by the concerned local
authority andlor Government andlor other public authority, on
account of change of user of the Flat (Apartment) by the Allottee for

any purposes other than for purpose for which it is sold.

ix. The Allottee shall not let, sub-let, transfer, assign or parl with
interest or benefit factor of this Agreement or part with the
possession of the Flat (Apartment) until all the dues payable by the
Allottee to the Promoter under this Agreement are fully paid up.

x. The Allottee shall observe and perform all the rules and regulations
which the Society or the Limited Company or Apex Body or
Federation may adopt at its inception and the additions, alterations or
amendments thereof that may be made from time to time for
protection and maintenance of the said building and the Flats/Shops
(Apartments) therein and for the observance and performance of the
Building Rules, Regulations and Bye-laws for the time being of the
concerned local authority and of Government and other public
bodies. The Allottee shall also observe and perform all the
stipulations and conditions laid down by the Society/Limited
Company/Apex Body/Federation regarding the occupancy and use of
the Flat (Apartment) in the Building and shall pay and contribute
regularly and punctually towards the taxes, expenses or other out-
goings in accordance with the terms of this Agreement.

A. R. SHETAR
BUILDERS ANP DEVELOPERS
 19

xi. Till a conveyance of the structure of the building in which Flat

(Apartment) is situated is executed in favour of Society/Limited
Society, the Allottee shall permit the Promoter and their surveyors
and agents, with or without workmen and others, at all reasonable
times, to enter into and upon the said buildings or any part thereof to
view and examine the state and condition thereof.

xii. Till a conveyance of the project land on which the building in which
Flat (Apartment) is situated is executed in favour of Apex Body or
Federation, the Allottee shall permit the Promoter and their
surveyors and agents, with or without workmen and others, at all
reasonable times, to enter into and upon the project land or any part
thereof to view and examine the state and condition thereof.

15. The Promoter shall maintain a separate account in respect of sums

received by the Promoter from the Allottee as advance or deposit, sums
received on account of the share capital for the promotion of the Co-
operative Society or association or Company or towards the out goings,
legal charges and shall utilize the amounts only for the purposes for which
they have been received.

16. Nothing contained in this Agreement is intended to be nor shall be

construed as a grant, demise or assignment in law, of the said Flats/Shops

(Apartments) or of the said Plot and Building or any part thereof. The
Allottee shall have no claim save and except in respect of the Flat
(Apartment) hereby agreed to be sold to him and all open spaces, parking
spaces, lobbies, staircases, terraces recreation spaces, will remain the
property of the Promoter until the said structure of the building is
transferred to the Society/Limited Company or other body and until the
project land is transferred to the Apex Body /Federation as hereinbefore
mentioned.

17. PROMOTER SHALL NOT MORTGAGE OR CREATE A

CHARGE

After the Promoter executes this Agreement he shall not mortgage or

create a charge on the *[Apartment/] and if any such mortgage or charge is
made or created then notwithstanding anything contained in any other law
for the time being in force, such mortgage or charge shall not affect the

A. B. SHEIIR RAT]Hi, fl.A

BUILDERS AND DEVELOPERS
e.fllgoJ3vl0 0t A efl3oJtu8
 20

right and interest of the Allottee who has taken or agreed to take such
[Apartment/plot].

18. BINDING EFFECT

Forwarding this Agreement to the Allottee by the Promoter does not create
a binding obligation on the part of the Promoter or the Allottee until,
firstly, the Allottee signs and delivers this Agreement with all the
schedules along with the payments due as stipulated in the Payment Plan
within 30 (thirty) days from the date of receipt by the Allottee and

secondly, appears for registration of the same before the concerned Sub-
Registrar as and when intimated by the Promoter. If the Allottee(s) fails to

execute and deliver to the Promoter this Agreement within 30 (thirty) days
from the date of its receipt by the Allottee andlor appear before the Sub-
Registrar for its registration as and when intimated by the Promoter, then

the Promoter shall serve a notice to the Allottee for rectifying the default,
which if not rectified within 15 (fifteen) days from the date of its receipt
by the Allottee, application of the Allottee shall be treated as cancelled
and all sums deposited by the Allottee in connection therewith including

the booking amount shall be returned to the Allottee without any interest
or compensation whatsoever.

t9 ENTIRE AGREEMENT

This Agreement, along with its schedules and annexures, constitutes the
entire Agreement between the Parties with respect to the subject matter
hereof and supersedes any and all understandings, any other agreements,
allotment letter, correspondences, arrangements whether written or oral, if
any, between the Parties in regard to the said apartment/plot/building, as

the case may be.

20. RIGHT TO AMEND

This Agreement may only be amended through written consent of the

Parties.

21. PROVISIONS OF THIS AGREEMENT APPLICABLB TO

ALLOTTEE / SUBSEQUENT ALLOTTEES

It is clearly understood and so agreed by and between the Parties hereto

that all the provisions contained herein and the obligations arising
hereunder in respect of the Project shall equally be applicable to and

I B. SHEI.AR

Jff
BUILDERS ANp DEVELoPERS
 2L

enforceable against any subsequent Allottees of the [Apartment/Plot], in

case of a transfer, as the said obligations go along with the

[Apartment/Plot] for all intents and purposes.

22. SEVERABILITY

If any provision of this Agreement shall be determined to be void or

unenforceable under the Act or the Rules and Regulations made
thereunder or under other applicable laws, such provisions of the
Agreement shall be deemed amended or deleted in so far as reasonably
inconsistent with the purpose of this Agreement and to the extent
necessary to conform to Act or the Rules and Regulations made
thereunder or the applicable law, as the case may be, and the remaining
provisions of this Agreement shall remain valid and enforceable as

applicable at the time of execution of this Agreement.

./.3. METHOD OF CALCULATION OF PROPORTIONATE SHARE

WHEREVER REFERRED TO IN THE AGREEMENT

Wherever in this Agreement it is stipulated that the Allottee has to make

any payment, in corlmon with other Allottee(s) in Project, the same shall

be in proportion to the carpet area of the [Apartment/Plot] to the total

carpet area of all the Flats/Shops (Apartments) in the Project.

24. FURTHER ASSURANCES

Both Parties agree that they shall execute, acknowledge and deliver to the
other such instruments and take such other actions, in additions to the
instruments and actions specifically provided for herein, as may be

reasonably required in order to effectuate the provisions of this Agreement

or of any transaction contemplated herein or to confirrn or perfect any

right to be created or transferred hereunder or pursuant to any such
transaction.

25. PLACE OF EXECUTION

The execution of this Agreement shall be complete only upon its

execution by the Promoter through its authorized signatory at the
Promoter's Office, or at some other place, which may be mufually agreed
between the Promoter and the Allottee, in
.after the Agreement is duly executed by the
Allottee and the Promoter or simultaneously with the execution the said

A. R. SHEI,IR
BUILDERS AND DEVELOPERS
 22

Agreement shall be registered at the office of the Sub-Registrar. Hence

this Agreement shall be deemed to have been executed at Badlapur
U2l3l4.

26. The Allottee and/or Promoter shall present this Agreement as well as the
conveyance/assignment of lease at the proper registration office of
registration within the time limit prescribed by the Registration Act and
the Promoter will attend such office and admit execution thereof.

27 That all notices to be served on the Allottee and the Promoter as

contemplated by this Agreement shall be deemed to have been duly served

if sent to the Allottee or the Promoter by Registered Post A.D and notified
Email IDAJnder Certificate of Posting at their respective addresses

specified below:

Name of Allottee

(Allottee's Address)

Notified Email ID:

M/s Promoter name : A. R. SHELAR BUILDERS AND

DEVELOPERS

Through lts proprietor MR. AMIT ASHOK SHELAR

Off/At- Ashok Vatika, Near H.P. Petrol Pump, Vangani (E) Tal.
Ambernath Dist Thane

Notif,red Email ID: - ashokvatikal 111 @gmail.com

It shall be the duty of the Allottee and the promoter to inform each other
of any change in address subsequent to the execution of this Agreement in
the above address by Registered Post failing which all communications
and letters posted at the above address shall be deemed to have been
received by the promoter or the Allottee, as the case may be.

28. JOINT ALLOTTEES

That in case there are Joint Allottees all communications shall be sent by
the Promoter to the Allottee whose name appears first and at the address
given by himlher which shall for all intents and purposes to consider as

properly served on all the Allottees.

A. R. SHETAR
DEVELOPERS
BUILDERS ANP
 23

29. Stamp Duty and Registration :- The charges towards stamp duty and
Registration of this Agreement shall be bgrne by the allottee.

30. Dispute Resolution :- Any dispute between parties shall be settled

amicably. In case of failure to settled the dispute amicably, which shall be

referred to the RERA Authority as per the provisions of the Real Estate
(Regulation and Development) Act,20l6, Rules and Regulations, thereunder'

31. GOVERNING LAW

That the rights and obligations of the parties under or arising out of this
Agreement shall be construed and enforced in accordance with the laws of
India for the time being in force and the CJJD ULHASNAGAR,
CJSD I{ALYAN courts will have the jugisdiction for this Agreement.

THE FIRST SCHEDULE ABOVE REFERRED TO

of land lying being and situated at village VANGANI Taluka-

That piece
Ambernath, District Thane, Maharashtra; within the local limit of
Grampanchayat Vangani bearing Flat No. on Floor of

Building _,wing ,,_,, of complex known as

6'ASHOK VATIKA"
- Mtrs. constructed on Gut No'
which is to have Total carpet area of
29, Lrea admeasuring 10650 Sq. Mtrs Asst. 106Rs. l2Paise, Situated at
-Sq.
Village VANGANI, Tal-Ambarnath, Dist.-Thane issued by Talathi Saja
Vangani, Tal.- Ambernath.

And collectively bounded as follows :-

On or towards East :

0n or towards West :

On or towards South :

On or towards North :

area abutting
Proportionate common area and facilities area of immediate landing
the main door after landing on the said floor prorate right along with
all flat/

purchasers of the premises in the said property in limited common area i'e' to say

passage'
staircase landing entrance hall Terrace, Compound lobbies

A. R. SHE1AR
flAJlltd .fl .A
BUILDERS AND DEVELOPERS
er390J3V30 cHA
enilJt

'r/
 24

IN WITNESS WHEREOF the parties have set'and subscribed their respective

hands and seals to this writing on the day and the year first hereinabove
mentioned.

SIGNED & DELIVERED BY

The Within named PROMOTERS

A. R. SHBLAR BUILDERS AND DEVELOPB

Through lts proprietor
MR. AMIT ASHOK SHELAR
PAN -

SIGNED & DELIVERED BY

The Within named THE FLAT/
SHOP PURCHASER/S / ALLOTTEES
1)MR.
PAN CARD NO.

2)MR.
PAN CARD NO.

Witness:-

Sign

l.Name:-
lUat:-

Sign
2. Name:-
R/at:-

flAJilE.fl .A
I R. SHEIAR efl]qOJ3VIf; e llA, en30JtU8
BUILDERS lllp
DEVELoPERS
 25

RECEIPT

RECEIVED of from the Flat Purchaser / Allottee above named the sum
of Rs. - (Rupees Only) by
cheque in following manner:-

Date Amount Cheque Name of Bank

No./Cash

in Regarding Flat No. floor of BuildinB _,

Wing"_" of complex known as 6'ASHOK VATIKA" which is to have
Total carpet area of Mtrs. constructed on Gut No. 29, Area
_Sq.
admeasuring 10650 Sq. Mtrs Asst. 106Rs. l2Paise, Situated at village
VANGANI, Tal-Ambarnath, Dist.-Thane issued by Talathi Saja Vangani,
Tal.- Arnbernath being the sum of earnest part payment paid to us as within
mentioned.

Rs.

I say Received
Sign

A. R. SHELAR BUILDERS AND DEVELOPERS

Through lts proprietor
MR. AMIT ASHOK SHELAR
THE PROMOTEzu BUILDER
Witness:-

Sign

l.Name:-
A. B. SHfl.AN
R/at:-
, BIJILDENS NNP
DEVELOPERS

Sign
2. Name:-
R"/at:-
flAJJHE .f, J
E'3qOJ]V3G OI,IA EFJOJIUS
 26

ANNEXURE
LIST OF AMENITIES

1) Joint Free Flooring in all Rooms rvith matching skirting.

2) Designer Glaze Tiles in Bathrooms and W.C.

3) Granite top Kitchen Platform with S.S. Sink.

4) Glazed Tiles in Kitchen window Level.

s) Marble Frame for W.C. & Bath Doors & all Windou,s.

6) Aluminum Sliding Windows rvith powder coating

7) Concealed rviring with attracti'r,e switches.

8) Quality made main Door with Wooden Franre & Good Quality Flushed
Doors.

e) Cloncealed Plurnbing, Quality Sanitary Ware & Fittings.

l0) All Exterior walls finished with Plaster & Paint with good Quality paint.

1t) All Rooms Paint by Good Distemper Paint.

Exclusive facility, * Inc. Balcony aclm. Sq.l\4trs.

Open Terrace Sq.Mtrs.

C.B. Sc1.Mtrs.

Sq.Mtrs.

I B. SHEIAN
BUILDERS ANP DEVELOPERS