1

`SAI CRYSTALS

 AGREEMENT FOR SALE 

ARTICLES OF AGREEMENT made and entered into at NAVI MUMBAI,

on this ________ day of _____________________ Two Thousand ______________.
BETWEEN M/s. PARADISE INFRA – CON PVT. LTD., having its
PERMANENT ACCOUNT NO. AAECP1110D a Company incorporated under
the Companies Act, 1956, represented through its Directors: SHRI. MADHU B.
BATHIJA & SHRI. MANISH MADHU BATHIJA & SHRI. AMIT MADHU
BATHIJA, having its Corporate office at 1701, Satra Plaza,Plot no – 19 & 20,
Sector – 19D Vashi , Navi Mumbai., Hereinafter called the “BUILDERS” (
which expression shall unless it be repugnant to the context or meaning
thereof shall deem to mean and include the partner / partners for the
time being of the said firm their survivor or survivors and the heirs , last
survivor ) of the ONE PART and
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SALMAN SALIM PATEL, having address at AT & POST OWE, TAL.

PANVEL, DIST:-RAIGAD., NAVI MUMBAI, MAHARASHTRA and Pan No.
CLBPP4420K hereinafter referred to as the “PURCHASER/s” ( which
expression shall unless it be repugnant to the context or meaning shall
deem to mean and include his/her/their respective legal heirs , executors ,
administrators and permitted assigns ) of the OTHER PART .

WHEREAS: -

1. The CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF

MAHARASHTRA LIMITED, a Company incorporated under the
Companies Act, 1956 (I of 1956) and having its registered office at ‘Nirmal’
2nd Floor, Nariman Point, Mumbai – 400 021 (hereinafter referred to as
“THE CORPORATION”) is the New Town Development Authority
declared for the area designated as a site for the New Town of Navi
Mumbai by the Government of Maharashtra in exercise of its powers
under Sub – Sections (1) and (3 - A) of Section 113 of the Maharashtra
Regional & Town Planning Act, 1966 (Maharashtra XXXVII of 1966)
hereinafter referred to as “THE SAID ACT”.

2. The State Government has, pursuant to Section 113(A) of the said Act,
acquired lands and vested such lands in the Corporation for development
and disposal.

3. The Corporation laid down plots in Navi Mumbai on such piece of Land
so acquired by the State Government and subsequently vested by the State
Government in the Corporation for being leased to its intending Lessee.

4. Whereas by an Agreement to Lease dated 18-03-1998 duly registered at

the office of joint Sub-Registrar of Panvel-2 under Receipt No PNVL1
11367 2010 dated 24/9/2010 (Serial No 12373) entered into between the
CORPORATION of the ONE PART and Shri. M. YUNUS ABDUL
KARIM PATEL & Shri. ABDUL AJIJ ABDUL KARIM PATEL of the
OTHER PART, the CORPORATION granted Licence in favour of Shri.
M. YUNUS ABDUL KARIM PATEL & Shri. ABDUL AJIJ ABDUL
KARIM PATEL (hereinafter referred to as the Original Licensee) and
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agreed to grant a Lease for a term of 90 Years of all that Piece and Parcel
of Land bearing Plot No. 45, under the 12.5% Gaothan Expansion Scheme,
admeasuring about 2049.90 Square Metres, situate at Sector – 35D, Owe,
Kharghar, Navi Mumbai (Hereinafter referred to as “THE SAID PLOT”)
in consideration of a Premium of Rs.2,29,600/- (RUPEES TWO LAKHS
TWENTY NINE THOUSAND SIX HUNDRED ONLY) subject to the
observance of the terms and conditions mentioned therein.

5. Whereas by a Tripartite Agreement dated 03-05-2005 duly registered at

the office of Joint Sub-Registrar of Panvel – 1 under Receipt No. 3308
dated 04-05-2005 (Serial No. PVL-1-03311 – 2005) entered into between the
Corporation of the FIRST PART and Shri. M. YUNUS ABDUL KARIM
PATEL & Shri. ABDUL AJIJ ABDUL KARIM PATEL (hereinafter
referred to as the Original Licensees) of the SECOND PART and M/s. S.
M. V. CONSTRUCTIONS of the THIRD PART the Original Licensee
have agreed to sell, transfer, assign and convey all rights, title, interest and
benefits in the said Plot to M/s. S. M. V. CONSTRUCTIONS. Whereas by
its Letter dated 18-05-2005 the CORPORATION has transferred the said
Plot in favour of M/s. S. M. V. CONSTRUCTIONS vide Letter No.
CIDCO/ESTATE/NA/STO/KHR/214/05.

6. Whereas by a Tripartite Agreement dated 24-09-2010 duly registered at

the office of Joint Sub-Registrar of Panvel – 1 under Receipt No. 12373
dated 24-09-2010 (Serial No. PVL-1-11367 – 2010) entered into between the
Corporation of the FIRST PART and M/s. S. M. V. CONSTRUCTIONS
(hereinafter referred to as the Original Licensees) of the SECOND PART
and M/s. PARADISE INFRA – CON. PVT. LTD. of the THIRD PART the
New Licensee have agreed to sell, transfer, assign and convey all rights,
title, interest and benefits in the said Plot to M/s. PARADISE INFRA –
CON. PVT. LTD. Whereas by its Letter dated 05-10-2010 the
CORPORATION has transferred the said Plot in favour of M/s.
PARADISE INFRA – CON. PVT. LTD. vide Letter No.
CIDCO/ESTATE/STO/KHR/214/2010/6391.
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7. Whereas by an Agreement to Lease dated 13-01-2005 duly registered at

the office of Joint Sub-Registrar of Uran under Receipt No. 493 dated
14-01-2005 (Serial No. URAN-00494-2005) entered into between the
CORPORATION of the ONE PART and (1) Mr. HAJIMIYA AMIRMIYA
PATEL (2) Mrs. FATIMA HAJIMIYA PATEL of the OTHER PART, the
CORPORATION granted Licence in favour of (1) Mr. HAJIMIYA
AMIRMIYA PATEL (2) Mrs. FATIMA HAJIMIYA PATEL (hereinafter
referred to as the Original Licensees) and agreed to grant a Lease for a
term of 60 Years of all that Piece and Parcel of Land bearing Plot No. 52 ,
under the 12.5% Gaothan Expansion Scheme, admeasuring about 1799.95
Square Metres, situate at Sector – 35D, Owe, Kharghar, Navi Mumbai
(Hereinafter referred to as “THE SAID PLOT”) in consideration of a
Premium of Rs.22,500/- (RUPEES TWENTY TWO THOUSAND FIVE
HUNDRED ONLY) subject to the observance of the terms and conditions
mentioned therein .

8. Whereas by a Tripartite Agreement dated 13-09-2010 duly registered at

the office of Joint Sub-Registrar of Panvel – 1 under Receipt No. 11803
dated 13-09-2010 (Serial No. PVL-1-10847 – 2010) entered into between the
Corporation of the FIRST PART and (1) Mr. ABDUL HAMID HAJIMIYA
PATEL (2) Mr. MUSHTAK HAJIMIYA PATEL (3) Mr. SALIM
HAJIMIYA PATEL (4) Mr. MAKSOOD HAJIMIYA PATEL (5) Mr.
MANNAN MUNAF PATEL (6) Mrs. MINAZ MUNAF PATEL (7) Mrs.
MUMTAZ RAFIK KHAN (8) Mr. MATIN MUNAF PATEL (9) Mrs.
BADRUNNISA ABDUL WAHAB PATEL (10) Mrs. FATIMA
HAJIMIYA PATEL (11) Mrs. SHAHIN ZULFIKAR AKVARE (12) Mr.
SHAKIR SATTAR PATEL ( 13 ) Mrs. MAHADMIDI BEKAR ABDUL
SATTAR PATEL (14) Mrs. BIBIFATIMA SATTAR PATEL (15) Mrs.
SHAHISTA SATTAR PATEL (16) Mr. AAFRIN SATTAR PATEL (17)
Mrs. SHIRIN SATTAR PATEL (17) Mrs. NASRIN SATTAR PATEL
(hereinafter referred to as the Original Licensees) of the SECOND PART
and M/s. PARADISE INFRA – CON PVT. LTD. of the THIRD PART the
Original Licensee have agreed to sell, transfer, assign and convey all
rights, title, interest and benefits in the said Plot to M/s. PARADISE
INFRA – CON PVT. LTD. Whereas by its Letter dated 14-09-2010 the
CORPORATION has transferred the said Plot in favour of M/s.
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PARADISE INFRA – CON PVT. LTD. vide Letter No.

CIDCO/ESTATE/STO/OWE/KHR/206/2010/6325.

9. Whereas by an Agreement to Lease dated 01-09-2010 duly registered at

the office of Joint Sub-Registrar of Panvel – 1 under Receipt No. 11448
dated 01-09-2010 ( Serial No. PVL-1-10520-2010 ) entered into between the
CORPORATION of the ONE PART and (1) Mr. ABDUL HAMID
HAJIMIYA PATEL (2) Mr. MUSHTAK HAJIMIYA PAEL (3) Mr.
SALIM HAJIMIYA PATEL (4) Mr. MAKSOOD HAJIMIYA PATEL (5)
Mr. MANNAN MUNAF PATEL (6) Mrs. MINAZ MUNAF PATEL (7)
Mr. MATIN MUNAF PATEL (8) Mrs. MUMTAZ RAPHIK KHAN (9)
Mrs. FATIMA HAJIMIYA PATEL (10) Mrs. BADRUNISSA A. WAHED
PATEL (11) Mrs. SHAHIN ZULFIKAR AKVARE (12) Mr. SHABBIR
SATTAR PATEL (13) Mrs. MAHADVADI BIR ABDUL SATTAR
PATEL (14) Mrs. BIBIFATIMA SATTAR PATEL ( 15 ) Mrs. SHAHISTA
SATTAR PATEL (16) Mr. AFRIN SATTAR PATEL (17) Mrs. SHIRIN
SATTAR PATEL of the OTHER PART, the CORPORATION granted
Licence in favour of (1) Mr. ABDUL HAMID HAJIMIYA PATEL (2) Mr.
MUSHTAK HAJIMIYA PATEL (3) Mr. SALIM HAJIMIYA PATEL (4)
Mr. MAKSOOD HAJIMIYA PATEL (5) Mr. MANNAN MUNAF
PATEL (6) Mrs. MINAZ MUNAF PATEL (7) Mr. MATIN MUNAF
PATEL (8) Mrs. MUMTAZ RAPHIK KHAN (9) Mrs. FATIMA
HAJIMIYA PATEL (10) Mrs. BADRUNISSA A. WAHED PATEL (11)
Mrs. SHAHIN ZULFIKAR AKVARE (12) Mr. SHABBIR SATTAR
PATEL (13) Mrs. MAHADVADI BIR ABDUL SATTAR PATEL (14) Mrs.
BIBIFATIMA SATTAR PATEL (15) Mrs. SHAHISTA SATTAR PATEL
(16) Mr. AFRIN SATTAR PATEL (17) Mrs. SHIRIN SATTAR PATEL
(18) Mrs. NASRIN SATTAR PATEL (hereinafter referred to as the
Original Licensees) and agreed to grant a Lease for a term of 60 Years of
all that Piece and Parcel of Land bearing Plot No. 52A, under the 12.5%
Gaothan Expansion Scheme, admeasuring about 2200.00 Square Metres,
situate at Sector – 35D, Owe, Kharghar, Navi Mumbai (Hereinafter
referred to as “THE SAID PLOT”) in consideration of a Premium of
Rs.27,500/- (RUPEES TWENTY SEVEN THOUSAND FIVE HUNDRED
ONLY) subject to the observance of the terms and conditions mentioned
therein .
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10. Whereas by a Tripartite Agreement dated 13-09-2010 duly registered at

the office of Joint Sub-Registrar of Panvel – 1 under Receipt No. 11802
dated 13-09-2010 (Serial No. PVL-1-10846 – 2010) entered into between the
Corporation of the FIRST PART and (1) Mr. ABDUL HAMID HAJIMIYA
PATEL (2) Mr. MUSHTAK HAJIMIYA PATEL (3) Mr. SALIM
HAJIMIYA PATEL (4) Mr. MAKSOOD HAJIMIYA PATEL (5) Mr.
MANNAN MUNAF PATEL (6) Mrs. MINAZ MUNAF PATEL (7) Mr.
MATIN MUNAF PATEL (8) Mrs. MUMTAZ RAPHIK KHAN (9) Mrs.
FATIMA HAJIMIYA PATEL (10) Mrs. BADRUNISSA A. WAHED
PATEL (11) Mrs. SHAHIN ZULFIKAR AKVARE (12) Mr. SHABBIR
SATTAR PATEL (13) Mrs. MAHADVADI BIR ABDUL SATTAR
PATEL (14) Mrs. BIBIFATIMA SATTAR PATEL (15) Mrs. SHAHISTA
SATTAR PATEL (16) Mr. AFRIN SATTAR PATEL (17) Mrs. SHIRIN
SATTAR PATEL (18) Mrs. NASRIN SATTAR PATEL (hereinafter
referred to as the Original Licensees) of the SECOND PART and M/s.
PARADISE INFRA – CON PVT. LTD. of the THIRD PART the Original
Licensee have agreed to sell, transfer, assign and convey all rights, title,
interest and benefits in the said Plot to M/s. PARADISE INFRA – CON
PVT. LTD. Whereas by its Letter dated 14-09-2010 the CORPORATION
has transferred the said Plot in favour of M/s. PARADISE INFRA–CON
PVT. LTD. vide Letter No. CIDCO/ESTATE/STO/OWE
/KHR/206/2010/6324.

11. Whereas by their letter M/s. PARADISE INFRA–CON PVT. LTD., have
requested CIDCO LTD. to grant permission for the amalgamation of Plot
No. 45 and Plot No. 52 & 52-A in Sector – 35D, OWE, KHARGHAR,
Navi Mumbai, and on the payment of necessary Administrative charges
by M/s. PARADISE INFRA – CON PVT. LTD., CIDCO LTD., by its letter
dated 25-11-2010 has granted its permission for Amalgamation of Plot No.
45 and Plot No. 52 & 52-A in Sector 35-D, OWE, KHARGHAR, Navi
Mumbai, subject to the terms and conditions contained therein.
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12. Whereas the CORPORATION has issued COMMENCEMENT

CERTIFICATE dated 16-03-2011 bearing Ref No. CIDCO/ATPO
(BP)/2011/2482 to M/s. PARADISE INFRA – CON PVT. LTD. for
construction of Building for Residential purpose on Plot No. 45 and 52 &
52-A, Sector – 35-D, OWE, KHARGHAR, Navi Mumbai, subject to the
terms and conditions as set out therein.

13. AND WHEREAS, the Builders have appointed an Architect

registered with the Council of Architect , whereas the Builders have
appointed a structural Engineer for the preparation of the structural
design and drawings of the buildings and the Builders accept the
professional supervisions of the Architect and the structural Engineer
till the completion of the building / buildings .

14. AND WHEREAS the Builders proposed to construct on the portion

of the said plot as described in the first schedule is plot ,second
schedule is flat annexed hereto , multi storey buildings on ownership
basis known as “SAI CRYSTALS” as per the approved plans
referred hereinabove and with such additions , modifications ,
revisions , alterations , therein if any , from time to time as may be
approved by the Corporation / Planning Authorities.

15. AND WHEREAS the Builders have sole and exclusive right to dispose of
the Flats in the proposed buildings.

16. AND WHEREAS the Purchaser/s has/have verified the title documents
and plans and have requested the Builders to allot a Flat bearing No.
B – 501 on the 5th floor having a Carpet area i.e. actual area of floor in
the entire flat including floor area of all rooms, wc/s, bathrooms,
enclosed balconies, cupboards, terrace / deck and window sills
admeasuring 820.00 Sq. ft. Approximately which is equivalent to
76.20 Sq. Mtrs. i.e. carpet area as defined above along with the entire
area of the wall thickness including parapet walls of terrace / deck
and side walls of window sills in the Building to be always known as
“SAI CRYSTALS” to be constructed on Plot No. 45 , 52 & 52-A , Sector–
35-D , OWE , KHARGHAR , Navi Mumbai, Taluka & District – Raigad ,
on ownership basis as agreed to by and between them which is
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hereinafter referred to as “the premises” as per Third Schedule

annexed thereto.

17. AND WHEREAS the Purchaser/s has / have agreed to pay the
consideration in respect of the said Flat in accordance with the
provisions of the Maharashtra Ownership Flat (Regulation of
promotion of the construction , Sale , Management and Transfer) Act ,
1963, and in accordance with the progress of the construction work
of the said new buildings.

18. AND WHEREAS by executing this agreement the Purchaser/s has /

have accorded his / her / their consent whereby the Builders will be
entitled to make such alteration/s in the structure in respect of the
said Flat agreed to be purchased by the Purchaser/s and / or in the
building/s as may be necessary and expedient in the opinion of
their Architect / Engineer provided that such alteration / modification
are approved by authorities of the Corporation .

19. AND WHEREAS the Builders will expect to complete the

construction of the said new buildings on the said land by SEPT-
2016 or by such further date as may be necessary in the event of
any unforeseen circumstances beyond the control of the Builders .

20. AND WHEREAS relying upon the said offer and declaration the
Builders have agreed to sell to the purchaser/s the said flat at the
price on the terms and conditions hereinafter appearing .

21. AND WHEREAS the Builder have given inspection to the Purchaser/s
the Title Documents for the said plot , title report, plans sanctioned
by the Corporation designs and specifications, documents, letters and
all other papers as required under provisions of Maharashtra
Ownership Flat (Regulation of the Promotion of Construction, Sale,
Management and Transfer) Act, 1963, and the Rules framed there
under.
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22. AND WHEREAS the Builders have agreed to provide/procure the

amenities to the Purchaser/s as set out in the Annexure – A, hereunder
attached subject to the provisions of this Agreement.

23. AND WHEREAS the Purchaser/s has / have examined and approved
the floor plan of the building , the nature and quality of construction
and fittings , fixtures , facilities and amenities provided or to be
provided hereto as per the general specifications stated in Annexure A
(hereunder attached) .

NOW THIS INDENTURE WITHNESSETH AND IT IS HEREBY AGREED BY

AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1) The Builders shall under normal conditions construct buildings as per the
plans designs and specifications inspected and approved by the Flat
Purchaser/s with such variations and modifications as the builders
may consider necessary or may be required by any public authority
to be made in any of the Flats . The Purchaser/s hereby consents to
such variations.

2) The Purchaser/s has / have prior to the execution of this agreement

satisfied himself / herself / themselves about the title of the Building
to the said plot , and no requisition or objection shall be raised upon
the Builders in any matter relating thereto . A copy of the Certificate
of Title issued by Adv. C. Fernandez & Milan G. Ghosh is annexed
and marked Annexure “B”.

3) The Purchaser/s has / have agreed to acquire the said Flat bearing No.
B – 501 on the 5th floor having a Carpet area.( i.e. actual area of floor in
the entire flat including floor area of all rooms, wc/s, bathrooms,
enclosed balconies, cupboards, terrace / deck and window sills
admeasuring 820.00 Sq. ft. approximately which is equivalent to
76.20 Sq. Mtrs. i.e. carpet area as defined above along with the entire
area of the wall thickness including parapet walls of terrace / deck and
side walls of window sills in the Building to be always known as “SAI
CRYSTALS” to be constructed on Plot No. 45 & 52 & 52-A , Sector – 35D,
OWE, KHARGHAR, Navi Mumbai, Taluka – Panvel & District – Raigad
and also an undivided interest as shown on the Plan hereto attached and
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marked thereon surrounded by red colored boundary line at or for lump

sum price of AS A PART OF COMPENSATION/ CONSIDERATION AGAINST
THE SAID LAND which includes the proportionate price for undivided
interest in the common areas and facilities of the building as mentioned in
Clause (5) herein below :

4) The Premises under purchase includes the right to use common areas and
facilities available in the Building and also the Purchaser/s undivided
interest in the restricted common area and facilities for the use of the said
premises. The common area does not include the area demarcated for
parking spaces under stilt or open parking spaces.

5) The Purchaser/s agrees to pay to the Builders the lump sum purchase
price of AS A PART OF COMPENSATION/ CONSIDERATION AGAINST THE
SAID LAND as per the schedule set out here under.

5.A ] Further ONE STILT Car Parking space number will be allotted at a
time of possession of said flat to the purchaser for which no
monetary consideration shall be payable.

6) The specification , materials , fixture / fittings and all such other

amenities shall be as per the list set out in the ANNEXURE “A”
hereunder written and the purchaser/s has / have satisfied himself /
herself / themselves about the same as also about design of the
building.

7) The Builders shall not be liable for any loss, damage, injury or delay due
to any cause beyond their control, including act of Government, Strikes,
lock out, fire, lightening, explosion, flooding, riots, civil commotion’s, act
of war, malicious mischief or theft.

8) If the purchaser/s commit default in payment of any of the installments

aforesaid on their respective due date (time being essence of the
contract), the Builders shall be at liberty to terminate this agreement
in which event 25 % of the purchase price of Flat shall stand
forfeited . On the Builders terminating this Agreement under this
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Clause , they shall be at liberty to sell the said flat to any other
person as the Builders may deem fit at such price as Builders may
determine and the flat purchaser/s shall not be entitled to question
such sale or to claim any amount whatsoever from the Builders .
The balance amount after deducting 25 % of the amount as aforesaid
may be refunded without interest by the Builders to the Purchaser/s
only after the Builders have disposed of / sold the said flat to any
other purchaser/s .

9) The Builders shall in respect of any amount unpaid by the Flat

Purchaser/s have first lien or charge on the said Flat agreed to be
acquired by the Flat Purchaser/s .

10) It is also agreed between purchaser and builders that “service tax &
VAT Tax as applicable shall be charged extra”, which is borne by
Purchaser and will be paid as an when demanded by the builder.

11) The Parties hereto agree and understood that, as per section 194IA of
Income Tax Act, w. e. f. 01/06/2013, TDS on transaction of immovable
property is to be deducted @ 1% where the consideration exceed
Rs.50,00,000/-. In view of compliance to abovesaid provision, the
PURCHASER shall deduct the TDS @ 1% on total price consideration
and deposit the same through form 26QB as prescribed by the Income
Tax Authority and furnish the TDS Certificate to the BUILDER without
committing any default in respect thereof. It is hereby clarified that the
amount deducted as TDS shall be deemed as forming part of total price
consideration of the said Flat. Proportionate TDS 26QB certificates shall
be handed over to transferor before execution of sale deed

12) Any delay or indulgence by the Builders in enforcing the terms of

this Agreement or any forbearance on their part of giving extensions
of time by the Builders to the Purchaser/s for payment of purchaser
price in installments or otherwise shall not be construed as a waiver
on the part of the Builders of any breach of this Agreement by the
Purchaser/s nor shall the same in any manner prejudice the right of
the Builders .
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13) Without prejudice to the Builder’s right under this Agreement

and / or in law , the Flat Purchaser/s shall be liable to pay
damages at 24 % per annum on all amounts due and payable
by the Flat Purchaser/s under this Agreement , if such amount
remains unpaid for seven days or more after its due date .

14) The Builders shall not be liable for any loss , damage or delay due
to Maharashtra State Electricity Board causing delay in sanctioning
and supplying electricity or due to Corporation / Local authority
concerned causing delay in giving / supplying permanent water
connection or such other service connections necessary for using /
occupying the said Flat .

15) On getting part occupancy / occupancy certificate from the concerned

authority the Builders shall be at liberty to handover possession of
the said Flat to the Purchaser/s , even though permanent electric &
water connection are not sanctioned by the respective authorities .
The Purchaser/s shall not be entitled to make any claim / demand
on the Builders for the delay in getting the permanent electric &
water connections . On the Builders offering possession of the Flat
to the Purchaser/s , the Purchaser/s shall be liable to bear and pay
their proportionate share in the use / consumption of electricity and
water if supplied through temporary connection .

16) Possession of the said flat shall be delivered by the Builders to the
Purchaser/s by SEPT-2016 subject to receipt ( realization ) of full and
final payment under this Agreement . The Builders shall not incur
any liability if they are unable to deliver possession of the Flat by
the date aforesaid if the completion of the building is delayed by
the reasons of non availability of steel or cement or such other
building material or by reason of civil , commotion or any act of
GOD or if non delivery of possession is a result of any notice ,
order , rules , notifications of the Government , Court of Law and /
or any other public authority or for non availability of water and /
or electricity connection from the concerned authorities for any
reasons unforeseen or beyond the control of the Builders .
 13

17) Upon possession of the said Flat being delivered to the Purchaser/s
he / she / they shall be entitled to use the occupation of the said flat
and he / she / they shall have no claim against the Builders in
respect of any items of work in the flat .

18) It is hereby agreed and understood by the Purchaser/s that he / she

/ they shall use the said Flat for the purpose of the residence only .
The Purchaser shall use the stilt or parking space only for the
purpose for keeping or parking the Purchaser/s own vehicle .

19) Commencing a week after notice is given by the Builders to the

Purchaser/s that the said Flat is ready for the use and occupation ,
the Purchaser/s shall be liable to bear and pay all the taxes and
charges for electricity and other services and the out going payable
in respect of the said flat from the date from which the Builder
obtains the part occupancy / occupancy certificate from the
Corporation / Concerned authority .

20) The Purchaser/s shall have no claim , save and except in respect of
the particular flat hereby agreed to be acquired i. e. all open spaces ,
lobbies , staircase , terrace , areas demarcated for parking spaces
under the stilt and open car parking spaces , etc. , will remain the
property of the Builders .

21) If there is any increase in F. S. I., T. D. R. or any other benefits , such

increased F. S. I. , T. D. R. or such benefits shall go to the Builders .
The purchaser/member or the proposed Co-operative Society ,
Limited Company , Association or legal body shall not raise any
objection to the Builders utilizing such increased and / or using /
appropriating such benefits .

22) The Purchaser/s agree/s and bind/s himself/herself/themselves to

pay regularly every month by the 5th of each month to the Builders
until the lease of the transfer of the said property is executed in
favour of a Co-operative Society , Limited Company , Association or
 14

Legal Body as the case may be , the proportionate share that may be
decided by the Builders for the following out goings .

(a) Insurance Premium.

(b) All municipal assessment bills and other taxes and out-
goings that may from time to time be levied against the
said plot and / or buildings, water taxes and the water
charges .

(c) Outgoing for the maintenance and management of the

Building , common lights and other out-goings and collection
charges incurred in connection with the said property .

(d) Any property tax , municipal tax , or any other / charges

levied by any Municipal authority / Govt. authority on the said
plot of land and / or the land along with the constructed
buildings .

(e) The Purchaser/s shall deposit with the Builders before

taking the possession of the said Flat a sum as
worked out by the Builders towards the aforesaid expenses .
If found necessary , the Purchaser/s shall deposit further
amount with the Builders on and upon being required or
called upon by the Builders to do so .

23) It is agreed that if one or more of such Flats remain unsold at the
time the building is ready for occupation , the Builders will be
deemed to be the owners thereof until such flats are agreed to be
sold by the Builders.

24) The Purchaser/s shall from the date of possession maintain the said
Flat at his / her / their own cost in good and tenantable condition
and shall not do or suffer to be done anything in or the said
building if the said Flat , staircase and common passage which may
be against the rules or bye-laws or any other authority without prior
 15

permission of the Builders or the Co-operative Society or Limited

company or such other Legal Body as the case may be , no
structural / architectural alteration / modification or changes shall be
carried out by the Purchaser/s to the Flat . The Purchaser/s shall be
responsible for breach of any Rules and Regulations in respect
thereof .

25) So long as each flat in the building shall not be separately assessed ,
the Flat Purchaser/s shall pay such proportionate part of the
assessment in respect of the entire building as may be provisionally
determined by the Builders or the Co-operative Society , Association
or the Legal Body as the case may be , whose decision shall be final
and binding upon the Flat Purchaser/s .

26) The Purchaser/s will not at any time demolish or cause to be

demolished the Flat or any part or thereon agreed to be taken by
him / her / them nor at any time make or cause to made any
additions or alterations of whatsoever nature to the said Flat or any
part thereof . The Purchaser/s shall not permit the closing of
varandhah , lounges , balconies etc. or make any alterations in the
elevation and outside color scheme of the Flat to be acquired by
him / her / them .

27) The Purchaser/s shall not store in the Flat goods of hazardous or
combustible nature or which tend to damage / effect the construction
or structure of the said building or causes damages to the occupants
of the Buildings .

28) The said buildings shall always be known as “SAI CRYSTALS” and
the name of the Co-operative Housing Society , Limited Company ,
or Legal Body to be formed may bear the same name or any other
name , but the buildings name shall not be changed .

29) On the completion of the said buildings and on receipt by the

Builders of the full payment of the amounts due and payable to
them by all the Purchaser/s of the said building , the Builders shall
Co-operate with the Purchaser/s in forming , registering or
 16

incorporating a Co-operative Society , Limited Company ,

Association or the Legal Body . The rights of the members of the
Co-operative society or of the said limited company or legal body as
the case may be , shall be subject to the rights of the Builders under
this Agreement and also subject to the assignment to be executed in
pursuance thereof .

30) The Purchaser/s shall be bound from time to time to sign all papers
and documents with regard to the formation of the Co-operative
Society and / or Limited Company/s and / or Association and / or
Legal Body and to do all the other things as the builders may
require him / her / them to do from time to time for safe guarding
the interest of the Builders and the other Purchaser/s of the other
premises in the said building . Failure to comply with the provisions
of this clause will render this Agreement ipso facto null and void
and 25 % of the purchase price and other money paid by the
Purchaser/s hereunder shall stand forfeited to the Builders .

31) When the Co-operative Society or Limited Company or Association

or Legal Body is registered or incorporated as the case may be and
all the said dues paid in full as aforesaid by the Purchaser/s to the
Builders , the Builders shall execute the necessary Assignment /
transfer in favour of such Co – operative Society , Limited Company ,
Association or Legal Body as the case may be . All the costs in this
behalf shall be borne and paid by the Flat Purchaser/s.
proportionately.

32) Provided it does not in any way affect or prejudice the rights of the
Purchaser/s in respect of the said Flat , the Builders shall be at
liberty to sell , assign , transfer or otherwise deal with their rights
and interest in the said land and in the building to be constructed
thereon .

33) Nothing contained in these is intended to be nor shall be construed

to be a grant , demise or assignment in law to the said Flat or the
said land , hereditaments and premises or any part thereof for the
said Building thereon or any part thereof .
 17

34) The Purchaser/s shall not let , sublet , transfer / assign of part with
possession of the said Flat without the written consent of the
Builder/s and that too until all the dues payable by him / her /
them to the Builders under this Agreement are fully paid .

35) The Purchaser/s and the persons to whom the said Flat is let ,
sublet , transferred , assigned or giving possession of shall from time
to time sign all application papers and documents and to do all acts
deeds and things as the Builders and / or the Co – operative Society
and / or Limited Company Association and / or the Legal Body as
the case may be required for safe guarding the interest of the
Builders and / or the other Flat Purchaser/s in the said Building .

36) The Purchaser/s and the persons to whom the said Flat is let ,
sublet , transferred , assigned or giving possession of shall observe
and perform all the rules and regulations which the Co-operative
Society , the Limited Company , Association or the Legal Body at the
time of registration may adopt for protection and maintenance of the
said buildings and the Flat therein and shall pay all contribute
regularly and punctually towards the taxes or expenses or other
outgoings in accordance with the terms and conditions of this
agreement .

37) The Builders will form the Co-operative Society and / or Limited
Company and / or Association and / or Legal Body after having
sold all the Flats to the Purchase/s member/s or shareholders under
the provisions of law . All the Flat Purchaser/s shall extend their
necessary co – operation in the formation of the Co – operative
Society or the Limited Company being incorporated as the case may
be . The right of the Purchasers will be recognized by the
provisions of the said Co-operative Society , Limited Company ,
Association or Legal Body and the rules and regulation framed by
them as the case may be .

38) On the completion of the said building and on receipt by the

Builders of the full payment of all the amounts due and
 18

payable to them by all the Flat Purchaser/s of the said building ,

the Builders with the Co-operation of the Purchaser/s shall form
and register or incorporate Co-operative Society, or a Limited
Company or a Association or a Legal Body . The rights of the
members of the Co-operative society or Limited Company or
Legal Body as the case may be shall be subject to the provision of
the said Agreement and the Lease to be granted by the Corporation
to the Builders and / or to the Co-operative Society or the Limited
Company or the Legal Body to be formed in pursuance thereof .

39) The Builders Advocates and the Solicitors shall prepare and or
approve , as the case may be documents to be executed in
pursuance of this Agreement and also Bye-Laws of the Co-operative
Society of the Memorandum and Articles of Association of the
Limited Company or of the Legal Body in connection with the
formation and registration of the Co-operative Society or
incorporation of the Limited Company or Legal Body as the case
may be . Their costs shall be borne and paid by the Purchaser/s
proportionately .

40) The Stamp Duty , registration charges and other charges incidental to
this Agreement for Sale shall be borne and paid wholly and
exclusively by the Purchaser/s only .

41) In case any deposit or any other charges are demanded by any
authority for the purpose of giving water , electricity , sewerage ,
drainage and / or any other security deposit for appropriate
connection to the said building shall be payable by all the
Purchaser/s in proportionate share and they agree to pay on
demand to the Builders his / her / their share of such deposit .

42) If at any time , any development and / or betterment charges and /

or any other levy is demanded or sought to be recovered by the
Corporation , Municipal Authority , Government and / or any other
public authority in respect of the said land or building , the same
shall be the responsibility of the Purchaser/s of the said Buildings
 19

and the same shall be borne and paid by the Flat Purchaser/s in
proportionate share .

43) The Builders shall have a right to make additions , alteration/s raise
storeys or put additional structures as may be permitted by the
Corporation / Municipal Authority and other competent authorities .
Such additions , alterations , structures and storeys will be the sole
property of the builders who will be entitled to dispose of the same
in any way they choose and the Purchaser/s hereby consents to the
same .

44) The terrace of the building including the parapet wall shall always
remain the property of the Builders and the Builders shall also be
entitled to display hoardings, neon signs or any media or
advertisement on the walls of the water tanks standing on the
terrace and the Builders shall be exclusively entitled to the income
that may be derived by display of the said advertisements . The
Agreement with the Purchaser/s and all the Purchaser/s of the
other Flats in the said Building shall be subject to the aforesaid
right of the Builders who shall be entitled to use the terrace ,
including parapet walls and the water tanks therein for any purpose
including the display of advertisements and sign boards .

45) The Purchaser/s shall maintain at his/her/their own cost the said
premises agreed to be purchased by him/her/them in the same
condition and shall abide by all Bye-Law, Rules and Regulations of
the Government, Maharashtra State Electricity Board, the Corporation,
Municipal Authority, and any other authorities and local bodies and
shall attend to, answer and be responsible for all actions and
violations of any conditions or Rules or Bye-Laws and shall observe
and perform the terms and conditions contained in this Agreement .

46) All notices to be served on the Flat Purchaser/s as contemplated by this

Agreement shall be deemed to have been duly served to them if
send to their respective Flat by registered post or under certificate of
posting at his/her/their address specified below :-
 20

NAME : SALMAN SALIM PATEL

ADDRESS : AT & POST- OWE, TAL, PANVEL,

DIST:-RAIGAD., MAHARASHTRA.

47) The Purchaser/s shall lodge this Agreement with the Sub –
Registrar of Assurances at Panvel and intimate to the Builders
within 7 days , the number under which the Agreement is lodged
for registration and such other particulars from the date of such
Lodgment .

48) This Agreement shall always be subject to the terms of the Allotment
letter issued to the Purchaser/s, Agreements to Lease to be granted by
the Corporation and the Rules and Regulations, if any made by
Corporation and/or the Government of Maharashtra and/or any other
authority governing the said transaction .

49) All costs , charges and expenses in connection with the formation
of the Co-operative Society , or Limited Company or incorporated
body or condominium of apartments as well as the cost preparing ,
endorsing stamping and registering of the agreement , agreement to
lease executed between CIDCO and the Builders herein , Lease Deed ,
any other document required to be executed by the Builders or by
the Purchaser/s as well as entire Professional cost of Advocate in
preparing and approving all such documents shall be borne by the
Purchaser/s only . The Purchaser/s shall immediately on demand
made by the Builders in this behalf pay his / her / their share in
such costs and expenses without any delay . The Purchaser/s shall
indemnify the Builders against any claim from the stamp duty to
the extent of the loss or damage that may be suffered by the
Builders . The Purchaser/s shall also fully reimburse the expenses
that may be required to be incurred by the Builders in consequences
upon any legal proceeding that may be instituted by the authorities
concerned against the Builders for non – payment and / or under
payment of stamp duty by the Purchaser/s .
 21

50) It is expressly agreed by and between the parties hereto that

notwithstanding anything herein contained , if the Corporation
charges any premium and / or any other amount for the purpose of
execution of the Lease Deed by the Corporation in respect of the
said plot and the building to be constructed / constructed thereon in
favour of the Co – operative Society or Limited Company or Legal
Body or if such Lease Deed is already executed in favour of the
Builders and if any premium or any other amount is required to be
paid to the Corporation for the purpose of obtaining the permission
for execution of the Deed of Assignment / Transfer of the said Lease
by the Builders in respect of said plot and the building constructed
/ to be constructed thereon in favour of such Co – operative Society ,
or Limited Company or any other Legal Body , then such premium
or the amount shall be borne and paid by the purchasers
proportionately . In order to enable such Co – operative Society or
Limited Company or any other Legal Body , to pay any premium
and / or any other amount that may be demanded by the
Corporation as aforesaid , the Purchaser/s hereby agrees and binds
himself / herself / themselves to pay such premium and or amount
payable to the Corporation in proportion to the area of the Flat and
other premises in the building .

51) The Purchaser/s hereby covenants to keep the premises , walls ,

sewerage , drainage , pipes , and appurtenances thereon in good
condition and in particular so as to support shelter and protect the
parts of the building other than his/her/their own .

52) The Purchaser/s shall not do or permit to be done any act or things
which may render void or avoidable any insurance of any
premises in or of the said buildings or any part thereof or cause
any increased premium to be payable in respect thereof .

53) The Purchaser/s shall at no time demand partition of his/her/their

interest of the said Flat in the Building/s. It is being hereby agreed and
declared by the parties that the interest in said buildings is impartibly and
it is agreed by the Purchaser/s that the Builders shall not liable to
 22

execute any document for that purpose in respect of the said premises
in favour of the Purchaser/s .
54) The Builders shall not be liable to pay any maintenance or
common expenses in respect of the unsold premises in the said
buildings . The Builders shall however , bear and pay the Municipal
Taxes and dues of the Municipality for the same .

55) The Purchaser/s undertakes to pay increase in taxes , water charges ,

insurance and such other levies , if any , which are imposed by the
Corporation / Municipal authority and/or Government and/or
other public authority .

56) The Purchaser/s hereby gives his / her / their express consent to the
Builders to raise any loan against the said plot and / or the said
buildings under construction and to mortgage the same with any
bank or bankers or any other financial institution/s or any other
party . This consent is on the express understanding that any such
loan liability shall be cleared by the Builders at their own expense
on or before the formation of the Co – operative Society , Limited
Company or such other Legal Body .

57) The Purchaser/s covenant with the Builders is , that if at the request
of the Purchaser/s the Builders make any change in the Flat or
other unit agreed to be sold and as a result of this the Builders
have to use any material less than the other Purchaser/s , the
Purchaser/s shall not be entitled to any reduction in the agreed
price of the said premise and he/she/they shall be liable to pay the
entire agreed price as per the Agreement . Similarly the Builders
shall not be bound to carry out any extra additional work for the
Purchaser/s without their being written acceptance by the builders
to carry out the said additional extra work for the Purchaser/s (
which again shall be at the sole discretion of the Builder ) . In case
if the Builders have agreed to do any additional extra work for the
Purchaser/s , the Purchaser/s shall within Seven Days from the date
when the Builders estimate cost for carrying out the said additional
extra work deposit with the Builders the said estimated cost . If the
 23

Purchaser/s fails to deposit the estimated cost for additional extra

work agreed to be occurred out by the Builders , then the Builders
shall not be liable to carry out the additional work in the premises
of the Purchaser/s .

58) The Flat purchasers proportionate contribution towards development

charges , water resources development charges , expenses , deposit s
and service charges for procuring electric & water supply is included
in the cost of said flat / shop .

59) Purchasers have to bear charges of Rs. 75000/-(RUPEES SEVENTY FIVE

THOUSAND ONLY) or charges applicable at the time of possession

(whichever is higher), towards formation of Co-operative Society, Lease

Deed Charges, Cidco Transfer Charges as per the local authority or by the
Government.

60) Purchasers have to bear maintenance charges Rs. 75000/-(RUPEES SEVENTY

FIVE THOUSAND ONLY) or charges applicable at the time of possession

(whichever is higher), at a time of possession of said flat for 12 months

in advance from the date of Occupancy Certificate or Possession of said
flat whichever is earlier.
 24

THE FIRST SCHEDULE OF PROPERTY

All that piece and parcel of land bearing Plot No. 45 , 52 & 52-A , admeasuring
2049.90 , 1799.95 & 2200.00 = 6049.50 Square Metres situate at Sector – 35-D ,
KHARGHAR , Navi Mumbai , Taluka- Panvel and District – Raigad , or
thereabouts and bounded as follows : -

On or Towards the North by : - 11.00 Mtr. Wide Road

On or Towards the South by : - 15.00 Mtr. Wide Road

On or Towards the East by :- Plot No. 46 & 51

On or Towards the West :- 11.00 Mtr. Wide Road

THE SECOND SCHEDULE OF PROPERTY

The Flat No B – 501 on 5th floor, admeasuring 76.20 Sq. Mtrs. (Carpet area i.e.
actual area of floor in the entire flat including floor area of all rooms ,
wc/s , bathrooms , enclosed balconies , cupboards , terrace / deck and window
sills i.e. carpet area as defined above along with the entire area of the
wall thickness including parapet walls of terrace / deck and side walls of
window sills ) in the Building to be always known as “SAI CRYSTALS” to be
constructed on Plot No. 45 , 52 & 52-A, Sector – 35D, KHARGHAR, Navi
Mumbai, Taluka – Panvel & District – Raigad.
 25

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET AND

SUBSCRIBED THEIR RESPECTIVE HAND AND SEALS THE DAY AND
THE YEAR FIRST HEREIN ABOVE WRITTEN .

SIGNED, SEALED AND DELIVERED ]

By the within named “BUILDERS” ]
M/s. PARADISE INFRA – CON PVT. LTD. ]
represented through its Director: ]

SHRI. AMIT MADHU BATHIJA ]

In presence of ]

1. __________________________________ ]

2. __________________________________ ]

SIGNED & SEALED AND DELIVERED ]

By the within named “PURCHASER/s” ]

SALMAN SALIM PATEL ]

In presence of ]

1. __________________________________ ]

2. __________________________________ ]
 26

Receipt
RECEIVED OF AND FROM THE PURCHASER/s Within named the day

and year first here in above written the sum of AS A PART OF COMPENSATION/

CONSIDERATION AGAINST THE SAID LAND being full payment of the total

consideration to be paid by him to us within mentioned for the sale of

FLAT NO.A – 501 on 5th floor .

We Say Received
For M/s. PARADISE INFRA CON PVT LTD

Director
 27

ANNEXURE – A
Amenities for SAI CRYSTALS
Plot – 45, 52 & 52A, Sector – 35D, Kharghar.

Flooring : -
Vitrified flooring in all rooms.
Wooden flooring in master bed room.
Anti skid tiles in attached terrace area.

Kitchen : -
Granite kitchen platform with parallel service platform.
Stainless Steel branded sink.
Gas Burner Hob & Exhaust Chimney.

Toilets : -
Designer bathroom with Branded sanitary ware.
Concealed Plumbing with premium quality C. P. fittings.
Geyser connection to all bathrooms.

Doors & Windows : -

Paneled European styled doors in every room with elegant handles and
locks .
Anodized sliding windows with tinted glass.
Mosquito net protection in all windows.
Granite window sill with half round molding.

Walls & Paints : -

Gypsum finished internal walls.
Cornices in living & dining room.
Plastic paints on interior walls of premium quality.
 28

Electrification : -
Branded concealed copper wiring with MCB / ELCB.
Branded electrical fittings.
Telephone, T. V. & Internet Points.

Security : -
Video door security systems in each flat with cameras at the entry gates .

General Features : -
G + 30 Storied Tower.
Earthquake resistant R. C. C. design.
Ample Sheltered & open parking space for all flats.
Decorative main entrance lobby with air conditioned lounge for guests .
Two Hi-speed stainless steel lifts in each wing.
Power back up for lift and common areas.
External Plaster finished with Roof it Mix.
Hi-tech gymnasium, professionally managed.
Indoor games such as Nine Ball Pool, Table Tennis, Carom, Chess etc.
Well designed landscape garden professionally done by landscape Architect
Children Play area .
Jogging Tracks.
Swimming Pool & Kids Pool.
Decorative checkered stone tile compound.