Form of agreement to
be entered into between Promoter and purchaser of flat
This Agreement made
at _____________ this __________ day of _______________, 2000 _________ between
______________ hereinafter referred to as “the Promoter” ( ____________________
) of the One Part and ( _____________________ ) hereinafter referred to as “the
Flat Purchaser” ( __________ ________________________ ) of the Other Part.
Whereas the Promoter
has by an Agreement / Conveyance dated _____________ day of ____________, 2000 and
executed between ______________________________ of the One Part (hereinafter
referred as “the Vendor”) and the Promoter of the Other Part, the Vendor has
agreed with the Promoter for the absolute sale to the Promoter / sold
absolutely to the Promoter an immovable property being piece or parcel of
freehold land lying and being at ______________ in the Registration
Sub-District of _____________ admeasuring __________________ sq. mts. or
thereabouts more particularly described in the First Schedule hereunder written
(hereinafter referred to as “the said land”).
And Whereas by and
under a lease / an agreement for Lease dated the ________ day of
__________________, 2000 made between ______________________ of the One Part
(hereinafter referred to as “the Lessor”) and the Promoter of the Other Part,
the Lessor agreed to grant unto the Promoter a lease in perpetuity / for a term
of ____________________ years in respect of an immovable property being piece
or parcel of leasehold land being at ________________ in the Registration
Sub-District of ____________________ admeasuring _________ sq. mts. or
thereabouts more particularly described in the First Schedule hereunder written
(hereinafter referred to as “the said land”) at a rent of Rs.
____________________ per annum / month and on the terms and conditions
contained in the said Lease / Agreement for Lease.
And Whereas, the
Lease / Agreement for Lease is with the benefit and right to construct any new
building/s, if so permitted by the concerned local authority.
And Whereas by an
agreement dated ___________ day of ______________, 2000 Power of Attorney,
dated ____________ executed between Shri _________________ (hereunder referred
to as “the Original Owner”) of the One Part and the Promoter of the Other Part
(hereinafter referred to as “the Development Agreement) the Original Owner has
appointed the Promoter as his agent to develop the piece or parcel of freehold
land lying and being at ___________ in the Registration Sub-District of
_____________ admeasuring ______________ sq. mts. or thereabouts more
particularly described in the First Schedule therein as well as in the First
Schedule hereunder written (hereinafter referred to as “the said land”) and to
construct thereon building/s in accordance with the terms and conditions
contained in the Development Agreement / Power of Attorney:
And Whereas as a
result of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter
referred to as “The Ceiling Act”) which came into force in the State of
_____________ on ______________. Vendor / Lessor / Original Owner / Promoter
were not entitled to hold any vacant land in excess of the ceiling limit except
as otherwise provided in the Ceiling Act.
And Whereas the
Vendor/Lessor/Original Owner/Promoter having been shown to be the owner of the
said land in the Government and revenue records, the Vendor/ Lessor/Original
Owner/Promoter submitted to the Government of _________________ (hereinafter
referred to as "the Government") in the name of the
Vendor/Lessor/Original Owner and or promoter an application under section
_______ of the Ceiling Act for exempting the said land from the provisions of
the Ceiling Act.
And Whereas by an
Order ___________ dated _________ (hereinafter referred to as "the said
Order") the Government exempted, subject to the conditions stated in the
said Order, the said land from the provisions of the Ceiling Act.
And Whereas as per
the said Order and as a result of the Development Agreement the Promoter is
entitled and enjoined upon to construct buildings on the said land in
accordance with the said order.
And Whereas the
Vendor/Lessor/Original Owner/Promoter having been shown to be the owner of the
said land in the Government and Revenue records, the Vendor/ Lessor/Original
Owner/Promoter submitted to the Government of ________________ (hereinafter
referred to as "the Government") in the name of the
Vendor/lessor/Original Owner and Promoter an application under section
_______of the Ceiling Act and the guidelines framed by the Government in
respect of section ____ of the Ceiling Act for the purpose of developing the
said land as stated in the application in accordance with the provisions of the
Ceiling Act.
And Whereas by Order
No. _______ dated ____________ (hereinafter referred to as "the said
Order"), the Competent Authority under the Ceiling Act permitted the
Vendor/Lessor/Original Owner and/or Promoter to continue to hold the said land
for the construction of houses for weaker sections of the society through the
Promoter subject to the terms and conditions therein contained.
And Whereas the
Vendor/Lessor/Original Owner/Promoter being in possession of the said land and
building thereon will be demolishing/have demolished the old buildings and
structures and constructing/has constructed instead new multi-storied building
thereon.
And Whereas
permission contemplated by section _____ of the Ceiling Act for Development has
been obtained by the Vendor/Lessor/Original Owner/Promoter.
And Whereas the
Promoter has proposed to construct on the said land __________ new multi-storied
buildings of ground floor at stilt level and ______________ or more upper
floors. (hereinafter referred to as "the said building/s").
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; 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 Development Agreement/Power of Attorney, the Promoter alone has the sole
and inclusive right to sell the flats in the said building/s to be constructed
by the Promoter on the said land and to enter into agreement/s with the
purchaser/s of the flats and to receive the sale price in respect thereof.
And Whereas the Flat
Purchaser demanded from the Promoter and the Promoter has given inspection to
the Flat Purchaser of all the documents of title relating to the said land, the
said Order, the Development Agreement and the plans, designs and specifications
prepared by the Promoter’s Architects Messrs _______________ and of such other
documents as are specified under the _____________ Ownership Flats (Regulation
of the Promotion of Construction, Sale, management and Transfer) Act,
(hereinafter referred to as “the said Act”) and the rules made thereunder.
And Whereas the
copies of Certificate of Title issued by the attorney-at-law or advocate of the
Promoter, copies of Property card or extract of Village Forms __________ or any
other relevant revenue record showing the nature of the title of the Promoter
to the said land on which the flats are constructed or are to be purchased by
the Flat Purchaser approved by the concerned local authority have been annexed
thereto and marked Annexures ‘A’ ‘B’ and ‘C’ respectively.
And Whereas the
Promoter has got approved from the concerned local authority the plans, the
specifications, elevations, sections and details of the said buildings.
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 said land and the
said building/s and upon due observance and performance of which only the
completion and occupation certificates in respect of the said building/s shall
be granted by the concerned local authority.
And Whereas the
Promoter has accordingly commenced construction of the said building/s in
accordance with the said plans.
And Whereas the Flat
Purchaser applied to the Promoter for allotment to the Flat Purchaser Flat No.
______________ on __________ floor in building no. _________ situated at
___________________.
And Whereas prior to
making application as aforesaid, as required by the provisions of _____________
Co-operative Societies Act, the Flat Purchaser has made a declaration to the
effect firstly, that neither that Flat Purchaser not the members of the family
[Family as defined under the Urban Land (Ceiling and Registration) Act of 1976]
of Flat Purchaser own a tenements, house or building within the limits of
______________ (Name of town in which flat applied for is located.)
And Whereas relying
upon the said application, declaration and agreement, the promoter agreed to
sell to the Flat Purchaser a flat at the price and on the terms and conditions
hereinafter appearing.
And Whereas prior to
the execution of these presents, the Flat purchaser has paid to the Promoter a
sum of Rs. ____________ (Rupees _________________________ ) only, being part
payment of the sale price of the flat agreed to be sold by the promoter to the
Flat purchaser as advance payment or deposit (the payment and receipt whereof
the promoter both hereby admit and acknowledge) which shall in no event exceed
fifteen per cent of the sale price of the flat agreed to be sold to the Flat
Purchaser and the Flat Purchaser has agreed to pay to the promoter balance of
the sale price in the manner hereinafter appearing.
And Whereas under
section ___ of the said Act the Promoter is required to execute a written
agreement for sale of said flat to the Flat Purchaser being in fact these
presents and also to register said agreement under the Registration Act.
Now this agreement
witnesseth and it is hereby agreed by and between the parties hereto as
follows:
1.
The
Promoter shall construct the said building/s consisting of ground and
............ upper floors on the said land in accordance with the plans,
designs, specifications approved by the concerned local authority and which
have been seen and approved by the Flat Purchaser with only such variations and
modifications as the Promoter may consider necessary or as may be required by
the concerned local authority/the Government to be made in them or any of them:
Provided that the
Promoter shall have to obtain prior consent in writing of the flat purchaser in
respect of such variations or modifications which may adversely affect the flat
of the purchaser.
2.
The
Flat Purchaser hereby agrees to purchase from the Promoter and the Promoter
hereby agrees to sell to the Flat Purchaser one flat No. ..................... of
the Type ............................ of carpet area admeasuring
................... sq. metres. (Which is inclusive of the area of balconies)
on ................... Floor as shown in the floor plan thereof hereto annexed
and marked Annexure D/Shop No. ................... /covered/open Garage No.
.................. in the .................... Building (hereinafter referred
to as "the Flat") for the price of Rs. .................. including
Rs. ............... being the proportionate price of the common areas and
facilities appurtenant to the premises, the nature, extent and description of
the common/limited common areas and facilities/limited common areas and
facilities which are more particularly described in the Second Schedule
hereunder written. The Flat Purchaser hereby agrees to pay to that promoter
balance amount of purchase price of Rs. ..................................
(Rupees ........………. .......... ) having been paid to the Promoter on or before
the execution of this agreement in the following manner:
i.
10
per cent Plinth,
ii.
20
per cent Slab,
iii.
7
per cent Walling,
iv.
1
0 per cent Doors and Windows,
v.
7
per cent Flooring,
vi.
7
per cent Plaster (internal and External),
vii.
1
0 per cent Sanitary Fittings and Plumbing,
viii.
14
per cent or remaining at time of occupation.
3.
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 concerned local authority at the time of sanctioning the said plans or
thereafter and shall, before handing over possession of the Flat to the Flat
Purchaser, obtain from the concerned local authority occupation and/or
completion certificates in respect of the Flat.
4.
The
Promoter hereby declares that the Floor Space Index available in respect of the
said land is ............ square metres only and that no part of the said floor
space index has been utilised by the Promoter elsewhere for any purpose
whatsoever. In case the said floor space index has been utilised by the
Promoter elsewhere, then the Promoter shall furnish to the Flat Purchaser all
the detailed particulars in respect of such utilisation of the said floor space
index by him. In case while developing the said land, the Promoter has utilised
any floor space index of any other land or property by way of floating floor
space index, then the particulars of such floor space index shall be disclosed
by the Promoter to the Flat Purchaser. The residual F.A.R. (F.S.I) in the plot
or the layout not consumed will be available to the promoters till the
registration of the society. Whereas after the registration of the Society the
residual F.A.R. (F.S.I), shall be available to the Society.
5.
In
case the Promoter is acting as an agent of the Vendor/Lessor/Original Owner of
the said land, then, the Promoter hereby agrees that he shall, before handing
over possession of the Flat to the Flat Purchaser and in any event before
execution of a conveyance/assignment of lease of the said land in favour of
corporate body to be formed by the purchasers of flats/shops/garages in the
building to be constructed on the said land (hereinafter referred to as
"the Society"/"the limited Company" make full and true
disclosure of the nature of his title to the said land as well as encumbrances,
if any, including any right, title, interest or claim of any party in or over
the said land, and shall, as far as practicable, ensure that the said land is
free from ail encumbrances and that the Vendor/lessor/Original Owner/the
Promoter has/have absolute, clear and marketable title to the said land so as
to enable him to convey to the said Society/Limited Company such absolute,
clear and marketable title on the execution of a conveyance/assignment' of
lease of the said land by the Promoter in favour of the said Society/limited
Company.
6.
The
Flat Purchaser agrees to pay to the promoter interest at nine per cent per
annum on ail the amounts which become due and payable by the Flat Purchaser to
the promoter under the terms of this agreement from the date the said amount is
payable by the Flat Purchaser to the Promoter.
7.
On
the Flat Purchaser committing default in payment on due date of any amount due
and payable by the Flat Purchaser to the promoter under this Agreement
(including his/her proportionate share of taxes levied by concerned local authority
and other outgoing) and on the Flat Purchaser committing breach of any of the
terms and conditions herein contained, the promoter shall be entitled at his
own option to terminate his agreement:
Provided always that
the power of termination hereinbefore contained shall not be exercised by the
promoter, unless and until the promoter shall have given to the Flat Purchaser
fifteen days prior notice in writing of his intention to terminate this
agreement and of the specific breach or breaches of terms and conditions in
respect of which it is intended to terminate the agreement and default shall
have been made by the Flat Purchaser in remedying such breach or breaches
within a reasonable time after the giving of such notice:
Provided further that
upon termination of this agreement as aforesaid, the promoter shall refund to
the Flat Purchaser the instalments of sale price of the Flat, which may till
then have been paid by the Flat Purchaser to the Promoter but the promoter
shall not be liable to pay to the Flat Purchaser any interest on the amount so
refunded and upon termination of this agreement and refund of aforesaid amount
by the Promoter, the Promoter, shall be at liberty to dispose of and sell the
Flat to such person and at such price as the Promoter may in his absolute
discretion think fit.
8.
The
fixture fittings and amenities to be provided by the Promoter in the said
building and the Flat are those that are set out in Annexure 'E' annexed
hereto.
9.
The
Promoter shall give possession of the flat to the Flat Purchaser on or before
......... ....... day of ................ 19 ........ if the Promoter fails or
neglects to give possession of the Flat to the Flat Purchaser on account of
reasons beyond his control and of his agents as per the Provisions of section 8
of ______________ Ownership Flats Act, by the aforesaid date or the date or
dates prescribed in section 8 of the said Act, then the Promoter shall be
liable on demand to refund to interest at nine per cent per annum from received
by him in respect of the flat with simple the date the promoter received the
sum till the date the amounts and interest thereon is repaid, provided that by
mutual consent it is agreed that dispute whether the stipulations specified in
section 8 have been satisfied or not will be referred to the Competent
Authority who will act as an Arbitrator. Till the entire amount and interest
thereon is refunded by the promoter to the Flat Purchaser there shall, subject
to prior encumbrances it any, be a charge on the said land as well as the
construction or building in which the Flats are situated or were to be
situated:
Provided that the
Promoter shall be entitled to reasonable extension of time for giving delivery
of Flat on the aforesaid date, if the completion of building in which the Flat
is to be situated is delayed on account of-
i.
non-availability
of steel, cement, other building materials, water or electric supply;
ii.
war,
civil commotion or act of God;
iii.
any
notice, order, rule, notification of the Government and/or other public or
competent authority.
10.
The
Flat Purchaser shall take possession of the Flat within ......... days of the
Promoter giving written notice to the Flat Purchaser intimating that the said
Flat is ready for use and occupation:
Provided that if
within a period of three years from the date of handing over the Flat to the
Flat Purchaser, the Flat Purchaser brings to the notice of the Promoter any
defect in the Flat or the building in which the Flat is situated or the
material used therein or any unauthorised change in the construction of the
said building, then, wherever possible such defects or unauthorised changes
shall be rectified by the Promoter at his own cost and in case it is not possible
to rectify such defects or unauthorised changes, then the Flat Purchaser shall
be entitled to receive from the Promoter reasonable compensation for such
defect or change.
11.
The
Flat Purchaser shall use the Flat or any part thereof or permit the same to be
used only for purpose of residence/office showroom/shop, godown for carrying on
any industry or business. He shall use the garage or parking space only for
purpose of keeping or parking the Flat Purchaser's own vehicle.
12.
The
Flat Purchaser along with other purchasers of flats in the building shall join
in forming and registering the society or a Limited Company to be known by such
name as the Flat Purchasers may decide and for this purpose also from time to
time sign and execute the application for registration and/or membership and
other papers and documents necessary for the formation and the registration of
the Society or Limited Company and for becoming a member, including the
bye-laws of the proposed Society and duly fill in, sign and return to the Promoter
within .................... days of the same being forwarded by the Promoter to
the Flat Purchaser, so as to enable Promoter to register the occupation of the
Flat Purchaser under section 10 of the said Act within the time limit
prescribed by rule 8 of the ___________ Ownership Flats (Regulation of the
Promotion of Construction, Sale, Management and Transfer) Rules, 1964. No
objection shall be taken by the Flat Purchaser 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.
13.
Unless
it is otherwise agreed to by and between the parties hereto, the promoter
shall, within four months of registration of the Society or limited Company, as
aforesaid cause to be transferred to the society or Limited Company all the
rights, title and the interest of the Vendor/lessor/Original Owner/Promoter
and/or the owners in the aliquot part of the said land together with the
buildings by obtaining/or executing the necessary conveyance/land or assignment
of lease of the said land (or to the extent as may be permitted by the
authorities) and the said building in favour of such Society or Limited
Company, as the case may be such conveyance/assignment of lease shall be in
keeping with the terms and provisions of this Agreement.
14.
Commencing
a week after notice in writing is given by the Promoter to the flat Purchaser
that the flat is ready for use and occupation, the flat Purchaser be liable to
bear and pay the proportionate share (i.e. in proportion to the floor area of
the Flat) of outgoing in respect of the said land and building/s namely local
taxes, betterment charges or such other levies by the concerned local authority
and/or Government, water charges, insurance, common lights, repairs and
salaries of clerks, bill collectors. chowkidars, sweepers and all other
expenses necessary and incidental to the management and maintenance of the said
land and building/s. Until the Society/Limited Company is formed and the said
land and building/s transferred to it, the Flat Purchaser shall pay to the
promote( such proportionate share of outgoing as may be determined. The Flat
Purchaser further agrees that till the Flat Purchaser's share is so determined,
the Flat Purchaser shall pay to the Promote( provisional monthly contributions
of Rs ........... per month towards the outgoing. The amounts so paid by the
Flat Purchaser to the Promoter shall not carry any interest and remain with the
Promoter until a conveyance/assignment of lease is executed in favour of the
society or a limited company as aforesaid. Subject to the provisions of section
6 of the said Act, on such conveyance/assignment of lease being executed, the
aforesaid deposits (less deductions provided for this Agreement) shall be paid
over by the Promoter to the society or the Limited Company, as the case may be.
The Flat Purchaser undertakes to pay such provisional monthly contribution and
such proportionate share of outgoing regularly on the 5th day of each and every
month in advance and shall not withhold the same for any reason whatsoever.
15.
The
Flat Purchaser shall on or before delivery of possession of the said premises
keep deposited with the Promoter the following amounts:-
i.
Rs.
................ for legal charges.
ii.
Rs.
................ for share money application, entrance fee of the Society or
Limited Company.
iii.
Rs.
................ for formation and registration of the Society or limited
Company.
iv.
Rs.
................ for proportionate share of taxes and other charges.
v.
Total
Rs. ..........................
16.
The
Promoter shall utilise the sum of Rs ............... paid by the Flat Purchaser
to the Promoter 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 as the case may be Limited
Company, preparing its rules, regulations and bye-laws and the cost of preparing
and engrossing this Agreement and the conveyance or' assignment of lease.
17.
At
the lime of registration, the Flat Purchaser shall pay to the Promoter the Flat
Purchaser's share of stamp duty and registration charges payable, if any, by
the said Society or Limited Company on the conveyance or lease or any document
or instrument of transfer in respect of the said land and the building to be
executed in favour of the Society or limited Company.
18.
The
Flat Purchaser/s or himself/themselves with intention to bring all persons into
whosoever hands the Flat may come, doth hereby covenant with the Promoter as
follows:
a. To maintain the flat
at his own cost in good tenantable repair and condition from the date the
possession of the flat is taken and shall not do or suffered to be done
anything in or to the building in which the Flat is situated, staircase or any
passages which may be against the rules, regulations or bye-laws or concerned
local or any other authority or change/alter or make addition in or to the
building in which the Flat is situated and the Flat itself or any part thereof.
b. Not to store in the
Flat 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 is situated or storing of which goods is objected to by the concerned
local or other authority and shall not carry or cause to be carried heavy
packages whose upper floors which may damage or likely to damage the
staircases, common passages or any other structure of the building in which the
Flat is situated, including entrances of the building in which the Flat is
situated and in case any damage is caused to the building in which the flat is
situated or the flat on account of negligence or default of the Flat Purchaser
in this behalf, the Flat Purchaser shall be liable for the consequences of the
breach.
c. To carry at his own
cost all internal repairs to the said Flat and maintain the flat in the same
condition, state and order in which it was delivered by the promoter to the
Flat Purchaser and shall not do or suffering to be done anything in or to the
building in which the flat is situated or the flat which may be given by the
rules and regulations and bye-laws of the concerned local authority or other
public authority. And in the event of the Flat Purchaser committing any act in
contravention of the above provision, the Flat Purchaser shall be responsible
and liable for the consequences thereof to the concerned local authority and or
other public authority.
d. Not to demolish or
cause to be demolished the Flat 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 or any part thereof, nor any alteration in the elevation and outside
colour scheme of the building in which the Flat is situated and shall keep the
portion, sewers, drains, pipes in the Flat and 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 is situated and
shall not chisel or in any other manner damage to columns, beams, wall , slabs
or RCC, Pardis or other structural members in the flat without the prior
written permission of the Promoter and/or the Society or the Limited Company.
e. Not to do or permit
to be done any act or thing which may render void or voidable any insurance of
the said land and the building in which the Flat is situated or any part
thereof or whereby any increased premium shall become payable in respect of the
insurance.
f. Not to throw dirt,
rubbish, rags, garbage or other refuse or permit the same to be thrown from the
said Flat in the compound or any portion of the said land and the building in
which the Flat is situated.
g. Pay to the Promoter
within .............. days of demand by the Promoter, his share of security
deposit demanded by concerned local authority or Government for giving
electricity or any other service connection to the building in which the Flat
is situated.
h. 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 and/or Government
and/or other public authority, on account of change of user of the Flat by the
Flat Purchaser viz. user for any purposes other than for residential purpose.
i. The Flat Purchaser
shall not let, sub-let, transfer, assign or part with Flat Purchaser interest
or benefit factor of this Agreement or part with the possession of the Flat,
until all the dues payable by the Flat Purchaser to the Promoter under this
Agreement are fully paid up and only if the Flat Purchaser had not been guilty
of breach of or non-observance of any of the terms and conditions of this
Agreement and until the Flat Purchaser has intimated in writing to the
Promoter.
19.
The
Flat Purchaser shall observe and perform all the rules and regulations which
the society or the Limited Company may adopt at its inception and the
additions, alterations or amendments thereof that my be made from time to time
for protection and maintenance of the said building and the flats 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 Flat Purchaser shall also observe and perform all
the stipulations and conditions laid down by the Society / Limited Company
regarding the Occupation and use of the Flat in the Building and shall pay and
contribute regularly and punctually towards the taxes, expenses or other
outgoing in accordance with the terms of this Agreement.
20.
Till
a conveyance of building in which Flat is situated is executed, the Flat
Purchaser 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 land and buildings or any part thereof to view and examine the state and
condition thereof.
21.
The
Promoter shall maintain a separate account in respect of sums received by the
Promoter from the Flat Purchaser as advance or deposit sums received on account
of the share capital for the promotion of the Co-operative Society or a company
or towards the outgoing, legal charges and shall utilise the amounts only for
the purposes for which they have been received.
22.
Nothing
contained in this Agreement is intended to be nor shall be construed as a
grant, demise or assignment in law of the said Flat or of the said Plot and
Building or any part thereof. The Flat Purchaser shall have no claim save and
except in respect of the Flat hereby agreed to be sold to him and all open
spaces, parking spaces, lobbies, staircases, terraces, recreation spaces, etc.
will remain the property of the promoter, until the said land and Building is
transferred to the Society / Limited Company as hereinbefore mentioned.
23.
Any
delay tolerated or indulgence shown by the promoter in enforcing the terms of
this Agreement or any forbearance or giving of time to the Flat Purchaser by
the Promoter shall not be construed as a waiver on the part of the promoter of
any breach or non-compliance of any of the terms and conditions of this
Agreement by the Flat Purchaser nor shall the same in any manner prejudice the
rights of the Promoter.
24.
The
Flat Purchaser and/or the 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.
25.
All
notices to be served on the Flat Purchaser as contemplated by this Agreement
shall be deemed to have been duly served if sent to the Flat Purchaser, by
Registered Post AD / Under Certificate of posting at his/her address specified
below :
Viz. _______________
________________
______________
________________
_______________
________________
IT IS ALSO UNDERSTOOD
AND AGREED BY AND BETWEEN THE PARTIES hereto that the terrace space in front of
or adjacent to the terrace flats in the said building, if any, shall belong
exclusively to the respective purchaser of the terrace flat and such terrace
spaces are intended for the exclusive use of the respective terrace Flat
Purchaser. The said terrace shall not be enclosed by the Flat Purchaser till
the permission in writing is obtained from the concerned local authority and
the Promoter or the Society, or as the case may be, the Limited Company
26.
This
Agreement shall always be subject to the provisions of the ___________________
Apartment Ownership Act and the rules made thereunder/said Act and the rules
made thereunder.
Note: Testimonial
clause to be finalised in individual cases having regard to the constitution of
the parties to the agreement.
First Schedule above
referred to
(Description of the
freehold/leasehold land).
Second Schedule above
referred to
(Here set out the
nature, extent and description of common areas and facilities/limited common
areas and facilities)
ANNEXURE A
Name of the
Attorney-at-Law/Advocate.
Address:
Date:
NO.
RE:
CERTIFICATE
This is to certify
that we have investigated the title to the aforesaid property, which is more
particularly described below in the Schedule hereunder written and have perused
title deeds and certify that in our opinion the title of ......................
the Vendor/Lessor/ Original Owner/Promoter is clear, marketable and free from
encumbrance, charges and/or claims.
The Schedule above
referred to
(Description of
property)
_________ : dated
.............. day of ............................, 2000
(Signed)
Signature of
Attorney-at-law/Advocate
ANNEXURE B
(Copies of Property
Card or any other revenue record showing nature of the title of the
Vendor/lessor/Original Owner/Promoter to the said land) .
ANNEXURE C
(Copy of the plans
and specifications of the Flat as approved by the concerned local authority).
ANNEXURE D
(Description of the
Flat).
ANNEXURE E
(Specifications and
amenities for the Flat).
Note.. Execution
clauses to be finalised in individual cases having regard to the constitution
of the parties to the agreement. Received of and from the Flat Purchaser
abovenamed the sum of Rupees ........... being the fifteen per cent of the sale
price of the Flat as advance payment or deposit paid by the Flat Purchaser to
the Promoter.
I say received. The
Promoter/s.
