~1~

AGREEMENT FOR SALE

THIS AGREEMENT MADE AT THANE

ON THIS ___ DAY OF _________ 20___

BETWEEN
M/s. Sneh Makewell LLP, a limited liability partnership, registered under the
provisions of Limited Liability Partnership Act, bearing registration No. AAH-
2470 dated 29.08.2016, having its office at 01/B, Parasnath Darshan, Premier
Road, Vidhyavihar (W), Mumbai – 400086 through its partners
____________________________________ hereinafter called and referred to
as the Promoter (which expression shall unless it be repugnant to the context
or meaning thereof be deemed to mean and include the its successors,
executors, administrators and assigns) being the Party of the First Part;

A N D

1.___________________________________________ aged about____ years,

occupation _________________ residing at
_______________________________________________________________
___________________________
_______________________________________________________________
2.___________________________________________aged about____years,
occupation _________________ residing at ___________________________
_______________________________________________________________
_______________________________________________________________

hereinafter called and referred to as the Purchaser (which expression shall

unless it be repugnant to the context or meaning thereof mean and include
is/her heirs, executors, administrators and assigns) being the Party of the
Second Part;
 ~2~
WHEREAS Shri Anant Shripat Patil and others were the owners of all that
piece and parcel of land lying, being and situate at village Khidkali, District
Thane within the limits of Thane Municipal Corporation bearing
Survey No. Hissa No. Area (sq. mts.)
147 8 1830
AND WHEREAS by and under an agreement dated 18.08.2006, the owner
Anant Shripat Patil and others granted the said property to M/s Royal Galaxy,
a partnership firm and the said agreement is registered at the office of Sub-
Registrar of Assurances at Thane-3 under serial No. 5909/2006 on 19.08.2006
at and for the price/consideration and on the terms and conditions therein
contained;
AND WHEREAS further by and under an agreement dated 25.12.2007, M/s
Royal Galaxy, a partnership firm granted the said property to M/s Dynamic
Buildtech Ltd. at and for the price/consideration and on the terms and
conditions therein contained and the said agreement is lodged for registration
by executing Deed of Confirmation on 06.11.2009 at the office of Sub-
Registrar of Assurances at Thane-5 at serial No. 9743/2009 on 06.11.2009;
AND WHEREAS in terms of the said agreement, M/s Dynamic Buildtech Ltd.
is well and sufficiently entitled to the said Property together with the right to
develop the same and sell the flats and units therein constructed and to
appropriate the sale proceeds thereof;
AND WHEREAS as the entire consideration stood paid to the Owners and
M/s Royal Galaxy, a Deed of Conveyance under the directions of M/s
Dynamic Buildtech Ltd. stood executed by the said owners Anant Shripat Patil
and others and M/s Royal Galaxy as well as Dynamic Buildtech Ltd. in favour
of Shri Rajesh Prabhulal Velani viz. the Owner herein (being the nominee of
M/s Dynamic Buildtech Ltd. ) on 29.09.2014 and the same is registered at the
office of Sub-Registrar of Assurances under serial No. 9410/2014 on
30.09.2014 and in pursuance to said Deed of Conveyance the said property
stood mutated in the name of the Shri Rajesh Prabhulal Velani as evident by
mutation entry No. 1290 and even though the said property stood transferred
in the name of the M/s Dynamic Buildtech Ltd. is well and sufficiently entitled
to develop the said property.

AND WHEREAS out of the area admeasuring 1830 sq. metres an area
admeasuring 280 sq. metres stood surrendered to Thane Municipal
Corporation and accordingly and accordingly as per the Mutation Entry No.
1342 the name of Thane Municipal Corporation mutated to such area
admeasuring 280 sq. metres as denoted by Survey No. 147/8-A and the
remaining land admeasuring 1550 sq. metres stood mutated in the name of
Rajesh Prabhulal Velani being denoted by Survey No. 147/8-B hereinafter
called and referred to as the Property No.I.

AND WHEREAS Smt. Fashibai Ramchandra Patil and others were the owners
of all that piece and parcel of land lying, being and situate at village Khidkali,
District Thane within the limits of Thane Municipal Corporation bearing
Survey No. Hissa No. Area (sq. mts.)
148 2 7160
 ~3~

AND WHEREAS by and under an agreement dated 29.05.2007, the owner

Smt. Fashibai Ramchandra Patil and others granted the said property to M/s
Royal Galaxy, a partnership firm and the said agreement is registered at the
office of Sub-Registrar of Assurances at Thane-3 under serial No. 3741/2007
on 29.05.2007 at and for the price/consideration and on the terms and
conditions therein contained;
AND WHEREAS further by and under an agreement dated 31.12.2009
registered at the office of Sub-Registrar of Assurances at Thane-1 under serial
No. 1071/2010 on 04.02.2010 made and executed between Smt. Fashibai
Ramchandra Patil and others as owners, Baburao Shantaram Mhatre as
Confirming Party No. I and M/s Royal Galaxy, a partnership firm as
Confirming Party No. II and M/s Dynamic Buildtech Ltd. viz. the Promoter
herein as the Purchaser, the Promoter herein agreed to acquire the said
property at and for the price/consideration and on the terms and conditions
therein contained and in pursuance thereof the said owners and Confirming
Party also executed Power of Attorney in favour of the Promoter herein and
the same is registered at the office of Sub-Registrar of Assurances at Thane-1
under serial No. 1073/2010 on 04.02.2010;
AND WHEREAS further by and under a Deed of Conveyance dated
04.02.2010 registered at the office of Sub-Registrar of Assurances at Thane-1
under serial No. 1072 /2010 on 04.02.2010 made and executed between Smt.
Fashibai Ramchandra Patil and others as owners, Baburao Shantaram Mhatre
as Confirming Party No. I and M/s Royal Galaxy, a partnership firm as
Confirming Party No. II and M/s Dynamic Buildtech Ltd. as the Purchaser, the
said M/s Dynamic Buildtech Ltd. acquired the said property and in pursuance
to said Deed of Conveyance the said property stood mutated in the name of the
M/s Dynamic Buildtech Ltd. as evident by mutation entry No. 1303.

AND WHEREAS out of the area admeasuring 7160 sq. metres an area
admeasuring 530 sq. metres stood surrendered to Thane Municipal
Corporation and accordingly and accordingly as per the Mutation Entry No.
1344 the name of Thane Municipal Corporation mutated to such area
admeasuring 530 sq. metres as denoted by Survey No. 148/2-A and the
remaining land admeasuring 6630 sq. metres stood mutated in the name of
Dynamic Buildtech Limited being denoted by Survey No. 148/2-B hereinafter
called and referred to as the Property No.II.

AND WHEREAS Smt. Fashibai Ramchandra Patil and others were the owners
of all that piece and parcel of land lying, being and situate at village Khidkali,
District Thane within the limits of Thane Municipal Corporation bearing
Survey No. Hissa No. Area (sq. mts.)
200 3 4910
AND WHEREAS by and under an agreement dated 29.05.2007, the owner
Smt. Fashibai Ramchandra Patil and others granted the said property to M/s
Royal Galaxy, a partnership firm and the said agreement is registered at the
office of Sub-Registrar of Assurances at Thane-3 under serial No. 3742/2007
on 29.05.2007 at and for the price/consideration and on the terms and
conditions therein contained;
 ~4~

AND WHEREAS further by and under an agreement dated 19.03.2010

registered at the office of Sub-Registrar of Assurances at Thane-1 under serial
No. 2341/2010 on 19.03.2010 made and executed between Smt. Fashibai
Ramchandra Patil and others as owners and M/s Royal Galaxy, a partnership
firm as Confirming Party and M/s Dynamic Buildtech Ltd. as the Purchaser,
M/s Dynamic Buildtech Ltd. agreed to acquire the said property at and for the
price/consideration and on the terms and conditions therein contained and in
pursuance thereof the said owners and Confirming Party also executed Power
of Attorney in favour of the M/s Dynamic Buildtech Ltd. and the same is
registered at the office of Sub-Registrar of Assurances at Thane -1 under serial
No. 2342/2010 on 19.03.2010;
AND WHEREAS further by and under a Deed of Conveyance dated
15.09.2011 registered at the office of Sub-Registrar of Assurances at Thane-5
under serial No. 8477 /2011 on 15.09.2011 M/s Dynamic Buildtech Ltd.
acquired the said property as evident by mutation entry No. 1305

AND WHEREAS out of the area admeasuring 4910 sq. metres an area
admeasuring 10 sq. metres, 2470 sq. metres and 2060 sq. metres thus totally
admeasuring 4540 sq. metres stood surrendered to Thane Municipal
Corporation and accordingly as per the Mutation Entry No. 1344 the name of
Thane Municipal Corporation mutated to such area admeasuring 10 sq. metres
as denoted by Survey No. 200/3-A, 2470 sq. metres as denoted by Survey No.
200/3-C and 2060 sq. metres as denoted by Survey No. 200/3-D and the
remaining land admeasuring 370 sq. metres stood mutated in the name of
Dynamic Buildtech Limited being denoted by Survey No. 200/3-B hereinafter
called and referred to as the Property No.III.

AND WHEREAS Shri Bala Rama Patil is the owner of all that piece and
parcel of land lying, being and situate at village Khidkali, District Thane
within the limits of Thane Municipal Corporation bearing

Survey No. Hissa No. Area (sq. mts.)

147 11 1470
AND WHEREAS by and under an agreement dated 05.12.2006, the said
owner Bala Rama Patil granted the said property to M/s Royal Galaxy, a
partnership firm and the said agreement is registered at the office of Sub-
Registrar of Assurances at Thane-3 under serial No. 8768/2006 on 05.12.2006
at and for the price/consideration and on the terms and conditions therein
contained and in pursuance thereof the said owner also executed Power of
Attorney in favour of M/s Royal Galaxy and the same is registered at the
office of Sub-Registrar of Assurances at Thane-3 under serial No. 8770/2006
on 05.12.2006;
AND WHEREAS further by and under an agreement dated 25.12.2007 M/s
Royal Galaxy, a partnership firm granted the said property to M/s Dynamic
Buildtech Ltd. at and for the price/consideration and on the terms and
conditions therein contained and the said agreement is lodged for registration
by executing Deed of Confirmation on 06.11.2009 at the office of Sub-
Registrar of Assurances at Thane-5 at serial No. 9743/2009 on 06.11.2009;
 ~5~
AND WHEREAS the entire area admeasuring 1470 sq. metres as acquired
hereinabove stood surrendered to Thane Municipal Corporation and
accordingly and accordingly as per the Mutation Entry No. 1345 the name of
Thane Municipal Corporation mutated to such area.

AND WHEREAS Shri Hira Rama Mhatre and others were the owners of all
those pieces and parcels of land lying, being and situate at village Khidkali,
District Thane within the limits of Thane Municipal Corporation bearing
Survey No. Hissa No. Area (sq. mts.)
147 9 450
47 10 910
AND WHEREAS by and under an agreement dated 08.02.2010, the owner
Hira Rama Mhatre and others granted the said property to M/s Dynamic
Buildtech Ltd. and the said agreement is registered at the office of Sub-
Registrar of Assurances at Thane-1 under serial No. 1158/2010 on 08.02.2010
at and for the price/consideration and on the terms and conditions therein
contained and in pursuance thereof the said owners have also executed Power
of Attorney in favour of M/s Dynamic Buildtech Ltd. and the same is
registered at the office of Sub-Registrar of Assurances at Thane-1 under serial
No. 1159/2010 on 08.02.2010;
AND WHEREAS further by and under a Deed of Conveyance dated
01.03.2011 registered at the office of Sub-Registrar of Assurances at Thane-5
under serial No. 1948/2011 on 01.03.2011 M/s Dynamic Buildtech Ltd.
acquired the said property.

AND WHEREAS the land bearing Survey No.147/9 admeasuring 150 sq.
metres and 300 sq. metres thus totally admeasuring 450 sq. metres stood
surrendered to Thane Municipal Corporation and accordingly as per the
Mutation Entry No. 1343 the name of Thane Municipal Corporation stood
mutated to such area and further out of Survey No. 147/10 totally admeasuring
910 sq. metres an area admeasuring 60 sq. metres and 820 sq. metres thus
totally admeasuring 880 sq. metres stood surrendered to Thane Municipal
Corporation and accordingly as per the Mutation Entry No. 1343 the name of
Thane Municipal Corporation stood mutated to such area as denoted by
Survey No. 147/10A and the remaining land admeasuring 30 sq. metres stood
mutated in the name of Hira Rama Mhatre being denoted by Survey No.
147/10-C hereinafter called and referred to as the Property No.IV.
AND WHEREAS M/s Dynamic Buildtech Ltd. by and under Declaration cum
Indemnity Bond dated 28.01.2015 read with Rectification Deed dated
05.04.2016 handed over the land admeasuring 3489.26 sq. meters being
affected by Garden Reservation Site No.4 to the Thane Municipal Corporation
as under:
Survey No. Hissa No. Area (sq. mts.)
147 11 1427.93
200 3 2061.33
Total → 3489.26
and the said Declaration cum Indemnity Bond is registered at the office of
Sub-Registrar of Assurances at Thane-5 under serial No. 1038/2015 on
29.01.2015 and 4436/2016 on 05.04.2016;
 ~6~
AND WHEREAS M/s Dynamic Buildtech Ltd. by and under Declaration cum
Indemnity Bond dated 28.01.2015 read with Rectification Deed dated
05.04.2016 handed over the land admeasuring 3320.24 sq. meters being
affected by 60 meter wide D.P. Road, 30 meter wide D.P. Road and 12 meter
wide Service Road to the Thane Municipal Corporation as under:
Survey No. Hissa No. Area (sq. mts.)
147 8 274.62
147 11 42.07
148 2 525.56
200 3 2477.99
Total → 3320.24
and the said Declaration cum Indemnity Bond is registered at the office of
Sub-Registrar of Assurances at Thane-5 under serial No. 1040/2015 on
29.01.2015 and 4435/2016 on 05.04.2016;
AND WHEREAS M/s Dynamic Buildtech Ltd. by and under Declaration cum
Indemnity Bond dated 12.12.2015 handed over the land admeasuring 212.04
sq. meters being affected by 30 meter wide D.P. Road to the Thane Municipal
Corporation as under:

Survey No. Hissa No. Area (sq. mts.)

147 9 149.84
147 10 62.20
Total → 212.04
and the said Declaration cum Indemnity Bond is registered at the office of
Sub-Registrar of Assurances at Thane-5 under serial No. 12733/2015 on
14.12.2015;

AND WHEREAS M/s Dynamic Buildtech Ltd. by and under Declaration cum
Indemnity Bond dated 12.12.2015 handed over the land admeasuring 1120.01
sq. meters being affected by 30 meter wide D.P. Road to the Thane Municipal
Corporation as under:
Survey No. Hissa No. Area (sq. mts.)
147 9 300.38
147 10 819.63
Total → 1120.01
and the said Declaration cum Indemnity Bond is registered at the office of
Sub-Registrar of Assurances at Thane-5 under serial No. 12735/2015 on
14.12.2015;

AND WHEREAS as recited hereinabove the lands affected by D.P. Road,

Service Road and Garden Reservation stood handed over to the Thane
Municipal Corporation as evidenced by records of right and accordingly an
area admeasuring 8580 sq. metres stood in the name of the Owners and
accordingly M/s.Dynamic Buildtech Ltd. became well and sufficiently entitled
to the Property No. I, II, III and IV totally admeasuring 8580 sq. meters;
AND WHEREAS with a view to carry out the scheme of development, M/s
Dynamic Buildtech Ltd. amalgamated all the above four properties and
submitted the plan for sanction and approval and during the course of scrutiny
the area not in possession as well as the areas under D.P. Road, Service Road
 ~7~

and Garden Reservation stood deducted and the Thane Municipal Corporation
accorded the sanction of development permission under certificate No. 2510
V.P. No. S10/ 0006/ 08/ TMC /TDD /1540/15 dated 31.10.2015 on the land
admeasuring 7941.59 sq. meters hereinafter called and referred to as the “said
property” and more particularly described in the Schedule hereunder written
and promoter have reserved the right to develop the remaining land as and
when they may deem fit and proper forming the part of the above property;

AND WHEREAS the said property forms an integral part of non agricultural
use vide permission granted by the Collector, Thane under No. Mahasul /K-1
/T-1 /Mouje Khidkali/ NAP /SR-30 /2014 dated 24.11.2014;

AND WHEREAS further by and under the Agreement for Development dated
26.10.2016 the M/s Dynamic Buildtech Ltd. granted the above referred
property for development along with the benefits of the sanctioned plans and
permissions to the Promoter herein and in pursuance thereof also granted the
Power of Attorney in favour of the Promoter herein and the said Agreement
and Power of Attorney are registered at the office of Joint Sub-Registrar of
Assurances at Thane – 5 under serial No. TNN-5-12119/2016 and TNN-5-
12120/2016 respectively;

AND WHEREAS in accordance with the sanctioned plan granted by the

Thane Municipal Corporation under certificate No. 2510 V.P. No. S10/ 0006/
08/ TMC /TDD /1540/15 dated 31.10.2015 on the land admeasuring 7941.59
sq. meters, the Promoter has commenced the construction on the said property.

AND WHEREAS the Promoter herein in pursuance to the said agreement,

power of attorney as well as the sanctioned plans and permissions are well and
sufficiently entitled to the said entire property and further to develop the same,
sell the flats and units therein constructed to the intending purchasers and to
appropriate the sale proceeds thereof as they may deem fit and proper;

AND WHEREAS in pursuance to the sanctioned plans and permissions, the

Promoter has commenced the scheme of construction on the land admeasuring
7941.59 sq. meters viz. the said property;
AND WHEREAS Smt. Changunabai Motiram Patil and others by and under
the Agreement dated 14.09.2009 registered at the office of Sub-Registrar of
Assurances at Thane- under Sr.No. 5255/2009 agreed to sell the said property
being all that piece and parcel of land lying, being and situate at village
Khidkali, District Thane within the limits of Thane Municipal Corporation
bearing

Survey No. Hissa No. Area (sq. mts.)

148 1A 1000

to M/s. Dynamic Buildtech Limited and in pursuance thereof have also granted
the power of attorney in favour of M/s. Dynamic Buildtech Limited and the
same is also registered at the office of Sub-Registrar of Assurances at Thane-
under Sr.No. 5256/2009 hereinafter called and referred to as the "Property V"
for the sake of brevity;
 ~8~
AND WHEREAS further by and under a Deed of Conveyance dated 20.05.2011
registered at the office of Sub-Registrar of Assurances at Thane-2 under serial No.
5590/2011, the Owners Smt. Changunabai Motiram Patil and others conveyed the
said property in favour of M/s. Dynamic Buildtech Limited.
AND WHEREAS further by and under Deed of Conveyance dated 25.11.2014
registered at the office of Sub-Registrar of Assurances at Thane-5 under serial
No.11100/2014, the said property stood conveyed in favour of Shri Rajesh
Prabhulal Velani and in pursuance thereof the Owners along with M/s. Dynamic
Buildtech Limited granted the power of attorney in favour of Shri Rajesh
Prabhulal Velani and the same is also registered at the office of Sub-Registrar of
Assurances at Thane-5 under Sr.No. 11103/2014.
AND WHEREAS further by and under the Agreement for Development dated
05.07.2017 the M/s Dynamic Buildtech Ltd. and Shri Rajesh Prabhulal Velani
granted the above referred Property No.V for development along with the
benefits of the sanctioned plans and permissions to the Promoter herein and in
pursuance thereof also granted the Power of Attorney in favour of the
Promoter herein and the said Agreement and Power of Attorney are registered
at the office of Joint Sub-Registrar of Assurances at Thane–5 under serial No.
TNN-5-7963/2017 and TNN-5-7965/2017 respectively;
AND WHEREAS as recited hereinabove the Promoter herein is well and
sufficiently entitled to all those pieces and parcels of land being Property No.
I, II, III, IV and V;
AND WHEREAS the Promoter declares that the above referred agreements,
permissions, sanctions are still, subsisting and completely in force.

AND WHEREAS the Promoter has obtained the sanction from the Municipal
Corporation under certificate No. 2510 V.P. No. S10/ 0006/ 08/ TMC /TDD
/1540/15 dated 31.10.2015 on the land admeasuring 7941.59 sq. meters
hereinafter called and referred to as the “said property” and further the
Promoter intend to amalgamate the said property with the land bearing Survey
No. 148 Hissa No.1A and / or other lands and to proceed with the development
activities and scheme of construction and the Promoter has disclosed that the
survey, measurement of the land bearing Survey No. 148 Hissa No.1A is in
process.

AND WHEREAS the Promoter followed the requisite procedure with the
Thane Municipal Corporation and have obtained the revised sanction under
No. certificate No. 3568 V.P. No. S10/ 0006/ 08/ TMC /TDD /2393/17 dated
14.11.2017 on the land admeasuring 7941.59 sq. meters and the sanction plans
inter-alia provides

Permission for :
Proposed building No. 1(Wing A) : Ground part, Stilt part plus First floor.
Building No. 2 (Wing B) : Ground part, Stilt part plus first to Twenty four
floors
Building No 3 (Wing C) : Ground part, Stilt part plus First to twenty four
floors
Building No 4 (Wing D) : Stilt plus First Floor
 ~9~
C.C. for
Proposed building No. 1 (Wing A) : Ground part, Stilt part plus First floor
Building No. 2(Wing B): Ground part, Stilt part plus First floor to Twenty
Two floors
Building No.3 (Wing C) : Ground part, Stilt part plus First floor to twenty two
floors
Building No. 4 (Wing D) : Stilt plus First floor
AND WHEREAS the Promoter has further obtained the Revised Building
Permission from Thane Municipal Corporation under certificate No. 3568
V.P. No. S10/ 0006/ 08/ TMC /TDD /3450/20 dated 28.08.2020.
AND WHEREAS the Promoter has further disclosed that during the course of
construction the Promoter will acquire increases and incentives in floor space
index, transferable development rights, staircase floor space index as well as
other permitted increases and incentives as per the Development Control
Regulations and will seek necessary additions, alterations, modification and
revisions in the approved and sanction plans for construction of additional
floors as well as provisions of common infrastructural amenities and facilities
and accordingly the revision and modification will comprise of :
Building No. 1 - Ground plus twenty four upper floors
Building No. 2 - Ground plus twenty four upper floors
Building No. 3 - Ground plus twenty four upper floors
Building No. 4 - Ground plus twenty nine upper floors
AND WHEREAS the Promoters have informed that they have availed the
credit facilities from Aditya Birla Finance Limited against creation of the
charge and mortgage of the said property by executing Simple Deed of
Mortgage dated 06.10.2021 registered at the office of Joint Sub-Registrar of
Assurances at Thane – 1 under serial No. TNN-1-13133/2021 and obtained
construction finance for the project by mortgaging the project land and as per
the terms of the loan agreement, the Promoter has to procure the no objection
certificate to every transaction in the project and the Promoter has accordingly
obtained the same.
AND WHEREAS the Promoter has specifically brought to the notice of
Purchaser/s that Promoter herein is going to use and utilize Transferable
Development Rights, Staircase Floor Space Index and/or any other Floor
Space Index as may be permitted on the said property or any part thereof as
per the Development Control Rules and Regulations as permitted by Thane
Municipal Corporation and accordingly necessary revised permission will be
obtained in due course, whereby said Building/s on said property may stand
changed, altered or modified and / or further due to change in the reservation
policy or modification therein, the areas of reservations may be re-aligned,
shifted, modified or deleted and accordingly the such land can also be
available for construction of buildings thereon and further if there is any
increase in the floor space index by way of grant of additional potentiality
therein, incentives and benefits under any scheme of government, semi-
government or municipal authorities, the Promoter shall avail, procure, use,
utilize and consume the same on the said property or any part thereof or on
any adjacent lands as the Promoter may deem fit and proper without any
benefits thereto to the Purchaser for which the Purchaser/s herein has/have
granted them his/her/their free, express and unequivocal consent for the same;.
AND WHEREAS as per the above recited agreements and permissions as well
as above disclosures and further course of development, modification or
expansion therein , the Promoter is entitled to develop the said property and
carry out the construction of the proposed building at their own costs and
expenses and to dispose of the residential flats / units constructed in the
building on ownership basis and to enter into agreements with the purchaser
 ~ 10 ~
and to receive the sale price in respect thereof and upon such disposal of the
flats / units to convey the said land together with the building constructed
thereon in favour of the cooperative housing society of all those several
persons acquiring the respective flats / shops / units.

AND WHEREAS the Promoters are entitled and enjoined upon to construct
buildings on the project land in accordance with the recitals, disclosures,
further expansions and future development as mentioned hereinabove which is
clearly and elaborately brought to the notice and knowledge of the Purchaser
herein for which the Purchaser has granted his/her express and irrevocable
consent and confirmation for the same.

AND WHEREAS relying upon the above recitals and disclosures and the
scope of further amalgamation and future development being understood by
the Purchaser to which the Purchaser has granted his/ her consent, the
Purchaser is offered a flat /shop bearing No._______ on ________ floor,
admeasuring _______ sq.mt. carpet plus open terrace of _________ sq.mt as
well as the right to use the cupboard areas as well as the balconies areas to be
enclosed in Wing ____ , Building No. ____ known as ___________ in the
scheme of construction known as Dynamic Crest (herein after referred to as
the said “premises”) being constructed on the said property described in the
First Schedule hereunder written.

AND WHEREAS the Purchaser after going through the entire disclosures, the
future course of expansion and development and also verifying the site of the
building and the work of construction and its progress thereof, the site of
infrastructural and recreational facilities and amenities and nature and scope
thereof and after being satisfied about the same has agreed to enter into this
agreement and further expressly and irrevocable declare that he shall not raise
any objection, claim, demand or action in respect of the additions,
modifications, changes and / or further alterations in the scheme of
construction as may be permitted the concerned town planning authorities
from time to time and accordingly has granted his/her express and irrevocable
consent and confirmation for the same.

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 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 the Promoter has agreed that in permitted time period the
Promoter will register the Project under the provisions of the Real Estate
(Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory
Authority.

AND WHEREAS on demand from the Purchaser, the Promoter has given
inspection to the Purchaser of all the documents of title relating to the project
land and the plans, designs and specifications prepared by the Promoter's
Architects 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;
 ~ 11 ~
AND WHEREAS the authenticated copies of Certificate of Title issued by the
attorney at law or advocate of the Promoter, authenticated copies of records of
right or any other relevant revenue record showing the nature of the title of the
Promoter to the project land on which the 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 plans of the Layout as

proposed 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 and specifications of

the Apartment agreed to be purchased by the Purchaser, 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 the said fact of
such stage of progress of construction work, building wise, phase wise
completion is also disclosed and brought to the notice and knowledge of the
Purchaser herein.

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 concerned local authority.

AND WHEREAS the Promoter has accordingly commenced construction of

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

AND WHEREAS the Purchaser has applied to the Promoter for allotment of
Flat / Shop being No. _____ on _______ floor in Wing _____ , Building No.
_____ known as _______________ in the scheme of construction known as
Dynamic Crest being constructed on the said property described in the
Schedule hereunder written being the said premises.

AND WHEREAS the carpet area of the said premises is ______ square
meters and "carpet area" means the net usable floor area of the said premises,
excluding the area covered by the external walls, areas under services shafts,
exclusive balcony appurtenant to the said Apartment for exclusive use of the
Purchaser or verandah area and exclusive open terrace area appurtenant to the
said Apartment for exclusive use of the Purchaser but includes the area
covered by the internal partition walls of the premises.
 ~ 12 ~
AND WHEREAS, the parties relying on the confirmations, representations
and assurances of each other to faithfully abide by all the terms, 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 Purchaser has
paid to the Promoter a sum of Rs.________________ (Rupees________________
________________________________________________________only), being
part payment of the sale consideration of the premises agreed to be sold by the
Promoter to the Purchaser as advance payment or Application Fee (the
payment and receipt whereof the Promoter both hereby admit and
acknowledge) and the Purchaser has agreed to pay 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 Apartment with the Purchaser,
being in fact these presents and also to register said Agreement under the
Registration Act, 1908. 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 Purchaser hereby agrees to purchase the
said premises.

Now therefor, this agreement witnesseth and it is hereby agreed by and

between the parties hereto as follows:-

The Promoter shall construct the said building/s presently as per the
sanctioned plans and permissions on the said property described in the
Schedule hereunder written 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
Purchaser in respect of variations or modifications which may adversely affect
the premises of the Purchaser except any alteration or addition required by any
Government authorities or due to change in law.

1(a) The Purchaser hereby agrees to purchase from the Promoter and the
Promoter hereby agrees to sell to the Purchaser, the premises being Flat
/ Shop No._______ on ________ floor, admeasuring ___________
sq.mt. carpet plus open terrace of ______ sq.mt as well as the right to
use the cupboard areas as well as the balconies areas to be enclosed in
Wing _____ ,Building No._____ known as ______________ in the
scheme of construction known as Dynamic Crest (hereinafter referred
to as "the Premises”) as shown in the Floor plan thereof hereto annexed
and marked Annexure D for the consideration of Rs._______________
(Rupees___________________________________________________
________________ Only) including the proportionate price of the
common areas and facilities appurtenant to the premises, the nature,
extent and description of the common areas and facilities which are
more particularly described in the First Schedule annexed herewith.
 ~ 13 ~
1(b) The Purchaser hereby agrees to purchase from the Promoter and the
Promoter hereby agrees to sell to the Purchaser covered stack parking
spaces bearing No._______ situated at stilt being constructed in the
layout for the consideration of Rs. ____________.

1(c) The total aggregate consideration amount for the said Premises
including/excluding covered parking spaces is thus Rs._____________.

1(d) The Purchaser has agreed and assured to pay the consideration of
Rs_______________(Rupees _______________________________
_______________________________________________only) to the
Promoter in the following manner -

i) Rs.10% paid as advance payment or application fee at the time of

execution of this agreement.

ii) Rs.35% to be paid to the Promoter on completion of the Plinth of

the wing in which the said Premises is situated.

iii) Rs.25% (to be divided by number of slabs) to be paid to the

Promoter on completion of each slab of the wing in which the said
Premises is situated.

iv) Rs.05% to be paid to the Promoter on completion of the walls and

internal plaster of the said premises.

v) Rs.05% to be paid to the Promoter on completion of the ,

floorings and tiling work of the said premises.

vi) Rs.05% to be paid to the Promoter on completion of the

staircases, lift wells, lobbies up to the floor level of the said
premises.

vii) Rs.05% to be paid to the Promoter on completion of the external

plaster and elevation of the building in which the said premises is
situated.

viii) Rs.05% to be paid to the Promoter on completion of the doors,

windows, sanitary fittings, lifts, water pumps, electrical fittings,
floorings of staircase, common lobbies, entrance lobby terraces
with water proofing, external plumbing, paving of area.

ix) Rs.05% be paid to the Promoter at the time of handing over of the
possession of the said Premises to the Purchaser on or after receipt
of occupancy certificate or completion certificate.
The Cheque / DD / Pay order to be drawn in favour to
M/s Sneh Makewell LLP Collection Escrow Account

A/C No. : 7611943283

IFSC CODE : KKBK0000958

Bank : Kotak Mahindra BankBranch : Nariman Point

 ~ 14 ~
1(e) The Total Price above excludes all Property Taxes, Land Revenue, Non
Agricultural Taxes, Other Taxes (Municipal/State/Federal) and/or other
statutory duties (as and when applicable), levies, cesses, charges,
deposits, premiums, duties imposed by the statutory authorities, stamp
duty, registration charges, maintenance charges, layout maintenance
charges, club house and other outgoings by any other name in respect
of and applicable to the said property, project, building, flat existing on
or imposed after the date of the Purchasers Application for Allotment /
Request for Allotment, whether payable now and/or in future and / or
those which is / are sub-judice, including interest and penalties thereon,
including those which may become enforceable retrospectively and
computed as per laws/rules/regulations, and shall be to the account and
liability of and borne and paid by the Purchaser alone, without any
delay/protest, including if such amounts are proposed to be deposited
by the Promoter in fixed deposits, if such claims are sub-judice.

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

increases, due to increase on account of development charges payable
to the competent authority and/or 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 Purchaser 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 Purchaser,
which shall only be applicable on subsequent payments.

1(g) The Promoter may allow, in its sole discretion, a rebate for early
payments of equal installments payable by the Purchaser by
discounting such early payments @ 1% per annum for the period by
which the respective installment has been pre pone. The provision for
allowing rebate and such rate of rebate shall not be subject to any
revision/withdrawal, once granted to an Purchaser by the Promoter.

1(h) The Promoter shall confirm the final carpet area that has been allotted
to the Purchaser 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 Purchaser within forty-five days
with annual interest at the rate specified in the Rules, from the date
when such an excess amount was paid by the Purchaser. If there is any
increase in the carpet area allotted to Purchaser, the Promoter shall
demand additional amount from the Purchaser 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 of this Agreement.
 ~ 15 ~
1(i) The Purchaser 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 Purchaser 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 concerned local authority at the time of
sanctioning the said plans or thereafter and shall, before handing over
possession of the Apartment to the Purchaser, obtain from the
concerned local authority occupancy and/or completion certificates in
respect of the Apartment.

2.2. Time is essence for the Promoter as well as the Purchaser. The
Promoter shall abide by the time schedule for completing the project
and handing over the said premises to the Purchaser and the common
areas to the association of the Purchasers after receiving the occupancy
certificate or the completion certificate or both, as the case may be.

Similarly, the Purchaser shall make timely payments of the instalment

and other dues payable by him/her and meeting the other obligations
under the Agreement subject to the simultaneous completion of
construction by the Promoter as provided in clause 1 herein above.
(“Payment Plan”).

3. The Promoter hereby declares that the Floor Space Index available as
on date in respect of the project land is 12546 sq. meters only and
Promoter has planned to amalgamate the land admeasuring 1000 sq.
metres bearing Survey No. 148/1A and further to use, utilize the
available Floor Space Index by procuring the transferable development
rights, incentives and increases in floor space index on payment of
premiums or floor space index available as incentive floor space index
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 and increases and incentives as
proposed to be utilized by him on the project land in the said Project in
accordance with the Development Control Regulations and Purchaser
has agreed to purchase the said Apartment based on the proposed
construction and sale of apartments to be carried out by the Promoter
by utilizing the proposed floor space index and on the understanding
that the declared proposed floor space index shall belong to Promoter
only.

The Promoter has brought to the notice that if any dwelling units are
required to be provided to persons as nominated and directed by the
concerned urban development authorities or government, semi-
government authorities under the housing development scheme and
guidelines thereto, then such dwelling units/flats will be provided in
 ~ 16 ~
Building No.3 in Phase I and the benefits in floor space index as
permitted by the town planning authorities on account thereof will be
used, utilised in the scheme of construction.

4.1. If the Promoter fails to abide by the time schedule for completing the
project and handing over the said premises to the Purchaser, the
Promoter agrees to pay to the Purchaser, who does not intend to
withdraw from the project, interest as specified in the Rule, on all the
amounts paid by the Purchaser, for every month of delay, till the
handing over of the possession. The Purchaser agrees to pay to the
Promoter, interest as specified in the Rule, on all the delayed payment
which become due and payable by the Purchaser to the Promoter under
the terms of this Agreement from the date the said amount is payable
by the Purchaser(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 Purchaser committing default in payment
on due date of any amount due and payable by the Purchaser to the
Promoter under this Agreement (including his/her proportionate share
of taxes levied by concerned local authority and other outgoings) and
on the Purchaser committing three defaults of payment of installments,
the Promoter shall at his own option, may terminate this Agreement:

Provided that, Promoter shall give notice of fifteen days in writing to

the Purchaser, by Registered Post AD at the address provided by the
Purchaser and mail at the e-mail address provided by the Purchaser, 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. If the Purchaser fails to rectify the breach or
breaches mentioned by the Promoter within the period of notice then at
the end of 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 Purchaser (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 installments of sale consideration of the Apartment
which may till then have been paid by the Purchaser to the Promoter.

Provided further that upon termination of this Agreement as aforesaid,

the Promoter shall deduct 10% of the total amount of consideration
received from the Purchaser and shall refund the balance amount within
a period of thirty days of the termination.

5. The fixtures and fittings with regard to the flooring and sanitary fittings
and amenities like one or more lifts with particular details to be
provided by the Promoter in the said building and the Apartment as are
set out in Annexure 'E', annexed hereto.

6. The Promoter shall give possession of the said premises to the

Purchaser on or before 31st day of December, 2022 (as per Annexure F)
with an extension in time thereof for six months or so. If the Promoter
fails or
 ~ 17 ~
neglects to give possession of the Apartment to the Purchaser 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
Purchaser the amounts already received by him in respect of the
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 said premises on the aforesaid date, if the
completion of building in which the Premises is to be situated is
delayed on account of

i) Non-availability of steel, cement other building materials, water

or electric supply and labour;

ii) War, civil commotion or Act of God;

iii) Any notice, order, rule, notification of the Government and/or

other public or competent authority/court.
If, however, the completion of the project is delayed due to the Force
Majeure conditions then the Purchaser agrees that the Promoter shall be
entitled to the extension of the time for delivery of the Possession of the
Premises, provided that such force majeure conditions are not of a
nature which make it impossible for the contract to be implemented.
The Purchaser agrees and confirms that, in the event it becomes
impossible for the Promoter to implement the project due to force
majeure conditions, then this allotment shall stand terminated and the
Promoter shall refund to the Purchaser the entire amount received by
the Promoter from the Allotment within 30 days from that date. After
any refund of the money paid by the Purchaser, Purchaser agrees that
he/she shall not have any rights, claims, etc., against the Promoter and
that the Promoter shall be released and discharged from all its
obligations and liabilities under this Agreement.

7.1 Procedure for taking possession - The Promoter, upon obtaining the
occupancy certificate from the competent authority and the payment
made by the Purchaser as per the agreement shall offer in writing the
possession of the said premises to the Purchaser in terms of this
Agreement to be taken within 15 days from the date of issue of such
notice and the Promoter shall give possession of the said premises to
the Purchaser. The Promoter agrees and undertakes to indemnify the
Purchaser in case of failure of fulfilment of any of the provisions,
formalities, documentation on part of the Promoter. The Purchaser
agree(s) to pay the maintenance charges as determined by the Promoter
or association of Purchaser s, as the case may be. The Promoter on its
behalf shall offer the possession to the Purchaser in writing within 7
days of receiving the occupancy certificate / completion certificate of
the Project.
 ~ 18 ~
7.2 The Purchaser shall take possession of the said premises within 15 days
of the written notice from the Promoter to the Purchaser intimating that
the said Apartments are ready for use and occupancy:

7.3 Failure of Purchaser to take Possession of Said Premises by the

Promoter: Upon receiving a written intimation from the Promoter as
per clause 7.1, the Purchaser shall take possession of the said premises
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 said premises to the Purchaser. In
case the Purchaser fails to take possession within the time provided in
clause 7.1 such Purchaser 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 said
premises to the Purchaser, the Purchaser brings to the notice of the
Promoter any structural defect in the Premises or the building in which
the Premises 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 Purchaser shall be entitled to
receive from the Promoter, compensation for such defect in the manner
as provided under the Act. Provided after receiving of the flats from the
Promoter, any damage due to wear and tear of whatsoever nature
caused thereto, the Promoter shall not be responsible for the cost of re-
instating and repairing such damages caused by the Purchaser and the
Purchaser alone shall alone liable to rectify and re-instate the same at
his own costs. Provided further however, that the Purchaser shall not
carry out any alterations of the whatsoever nature in the said premises
of phase wing and specific the structure of the said unit/ wing/ phase of
the said building which shall include but not limit to column, beams,
etc., or in the fittings, therein, in particular it is hereby agreed that the
Purchaser shall not make any alteration in any of the fittings, pipes,
water supply connections or any creation or alteration in the bathroom,
toilet and kitchen which may result in seepage of the water. If any of
such works are carried out without the written consent of the Promoter
the defect liability automatically shall become void. The word defect
here means only the manufacturing.

8. The Purchaser shall use the said premises or any part thereof or permit
the same to be used only for purpose of which it is sanctioned and
approved by the municipal authorities. He shall use the garage or
parking space only for purpose of keeping or parking vehicle.

9. The Purchaser along with other Purchaser(s) of premises in the building

shall join in forming and registering the Cooperative Housing 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 the byelaws of the proposed Society
 ~ 19 ~
and duly fill in, sign and return to the Promoter within seven days of
the same being forwarded by the Promoter to the Purchaser, so as to
enable the Promoter to register the common organisation of Purchaser.
No objection shall be taken by the 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. The Promoter shall take into
consideration the factual aspect as regards the administration,
management of day to day affairs of the constructed and completed
building and shall form a time frame policy for formation and
registration of the cooperative housing society or association or limited
and till such time shall call upon the purchasers who have acquired the
flats to form an ad-hoc committee for carrying out the day to day
administration and management of the said building in which the said
premises is situated and shall render their sincere and utmost
cooperation to such ad-hoc committee till the formation and registration
of the society or association or limited company.

9.1. The Promoter after formation and registration of such ad-hoc

committee, its administration and management and with the
cooperation and support of the purchasers in the building/s shall form
and register the cooperation housing society or association or limited
company and within three months of such 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 Owners in the said structure of the Building or wing in which the
said premises is situated and further 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 Owners
in the project land on which the building with multiple wings or
buildings are constructed.

It is clearly brought to the notice and knowledge of the Purchaser

herein that such formation of cooperative housing society or association
or limited company and further its transfer of the building and the land
underneath it shall always be executed by reserving the overall right,
title, interest, possession, increases and incentives in future floor space
index and proposed expansion in the scheme of construction as well
tangible and intangible benefits, privileges, advantages accrued or to
be accrued to the Promoter herein in the entire scheme of construction
and such stipulations, covenants, rights and interest shall form an
integral part of such transfer and assignment. It is further clearly
brought to the notice and knowledge of the Purchaser herein that such
transfer and assignment shall not prejudice or cause any hardship,
obstruction and hindrance to the Promoter in exercising all the right,
title, interest, powers and authorities vested in them in respect of the
said entire property, the future course of construction, along with
increases, incentives in use, utilization, consumption of the floor space
index as may be permitted by the municipal and planning authorites in
respect of the entire property and every part thereof as well as their
 ~ 20 ~
absolute right to sell such additional flats and units to any intending
purchaser, enter into agreement, receive and appropriate the sale
proceeds thereof and to nominate such purchaser to the membership of
the existing cooperative housing society or association or limited
company as the case may be without any recourse and consideration to
the Purchaser, the cooperative housing society or association of limited
company as the case may be. It is clearly agreed and assured by the
Purchaser that the Purchaser is aware of the said contents and fact
thereof and in confirmation thereof has granted his express and
irrevocable consent for the same.

9.2. Within 15 days after notice in writing is given by the Promoter to the
Purchaser that the Apartment is ready for use and occupancy, the
Purchaser shall be liable to bear and pay the proportionate share (i.e. in
proportion to the carpet area of the 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
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 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 Purchaser shall pay to the Promoter such
proportionate share of outgoings as may be determined. The Purchaser
further agrees that till the Purchaser's share is so determined the
Purchaser shall pay to the Promoter provisional monthly contribution
as per decided by promoter per month towards the outgoings. The
amounts so paid by the Purchaser 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 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 Purchaser shall pay to the Promoters on demand -

i) requisite amount towards legal charges, entrance fees and share
capital, society formation charges, Water connection charges, grill
charges, MSEB meter and deposit charges and other incidental
expenses thereto.
ii) requisite amount and charges on account of goods and services tax,
stamp duty and registration charges and any other taxes and levies
as may be imposed by the concerned government and semi-
government authorities.
iii) the provisional outgoings for municipal taxes, water bill, bore-well
common electric expenses if any (24 months contribution in
advance is to be paid at the time of possession) as well as requisite
lift charges and proportionate expenses thereto.
 ~ 21 ~
iv) the grill charges, electric meter and deposit charges as well as
proportionate share for transformer installation and its equipments
and accessories thereto.

11. The Purchaser shall pay the requisite costs 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 Purchaser shall pay to the
Promoter, the Purchasers' 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 Purchaser
shall pay to the Promoter, the Purchasers' 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.

13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER

The Promoter hereby represents and warrants to the Purchaser 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 of the project land for the implementation of the
Project;

ii. 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;

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

iv. 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;

v. 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
 ~ 22 ~
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;

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

vii. 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
Project and the said premises which will, in any manner, affect the
rights of Purchaser under this Agreement;

viii. The Promoter confirms that the Promoter is not restricted in any
manner whatsoever from selling the said premises to the Purchaser
in the manner contemplated in this Agreement;

ix. At the time of execution of the conveyance deed of the structure to

the Association of Purchasers the Promoter shall handover lawful,
vacant, peaceful, physical possession of the common areas of the
Structure to the Association of the Purchasers;

x. The Promoter has duly paid and shall 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 till the possession of the
premises is handed over or building completion or occupation
certificate is obtained, whichever is earlier;

xi. 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
the Promoter in respect of the project land and/or the Project
except those disclosed in the title report.

14. The Purchaser/s or himself/themselves with intention to bring all

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

i. To maintain the said premises the Purchaser's own cost in good

and tenantable repair and condition from the date that of
possession of the Apartment is taken and shall not do or suffer to
be done anything in or to the building in which the 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
Apartment is situated and the Apartment itself or any part thereof
without the consent of the local authorities, if required.
 ~ 23 ~
ii. Not to store in the said premises 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
Apartment is situated or storing of which goods is objected to by
the concerned local or other authority and shall take care while
carrying heavy packages which may damage or likely to damage
the staircases, common passages or any other structure of the
building in which the said premises is situated, including
entrances of the building in which the said premises is situated and
in case any damage is caused to the building in which the said
premises is situated or the Apartment on account of negligence or
default of the Purchaser in this behalf, the Purchaser shall be liable
for the consequences of the breach.

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

iv. Not to demolish or cause to be demolished the 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 Apartment or any part
thereof, nor any alteration in the elevation and outside colour
scheme of the building in which the 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 Apartment is situated and shall not chisel
or in any other manner cause damage to columns, beams, walls,
slabs or RCC, Pardis or other structural members in the Apartment
without the prior written permission of the Promoter and/or the
Society or the Limited Company.

v. Not to do or permit to be done any act or thing which may render

void or voidable any insurance of the project land and the building
in which the Apartment is situated or any part thereof or whereby
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 Apartment in the compound or
any portion of the project land and the building in which the
Apartment is situated.
 ~ 24 ~
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 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 and/or Government and/or other public authority,
on account of change of user of the Apartment by the Purchaser for
any purposes other than for purpose for which it is sold.

ix. The Purchaser shall not let, sub-let, transfer, assign or part with
interest or benefit factor of this Agreement or part with the
possession of the Apartment until all the dues payable by the
Purchaser to the Promoter under this Agreement are fully paid up
and necessary intimation is provided to the Promoter and no
objection therefor is sought by the purchaser from the Promoter for
such transfer and assignment.

x. The Purchaser 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
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 Purchaser 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 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.

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

Apartment is situated is executed in favour of Society/Limited
Society, the 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 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 Apartment is situated is executed in favour of Apex Body or
Federation, the 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 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 Purchaser 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
 ~ 25 ~
goings, legal charges and shall utilize the amounts only for the
purposes for which they have been received.

16. The Promoters shall be entitled to sell the premises in the said building
for the purpose of using the same as bank, dispensaries, nursing homes,
maternity homes, coaching classes, banquets, vegetarian and non-
vegetarian hotels, restaurants and for other non-residential purpose and
the Purchaser herein along with the other Purchasers shall not raise any
objection for such non-residential use of the premises sold by the
Promoters to the intending Purchasers.

17. The Purchaser has seen the layout of the proposed building and has
agreed and understood the common amenities like common roads,
drainage, sewers, water pipe lines, street lights etc., shall be the
common property and shall be available for common use by all the
buyers of the premises in the said buildings and accordingly the
Purchasers of the premises in the said buildings and the different
common organisation will have unrestricted right of way in common
spaces, roads and laying of pipelines, telephone and electric cables,
sewerage and drainage line etc.,

18. The Purchaser shall be responsible for additional municipal taxes that
may be levied by reason of the user of any permitted tenancy or leave
and license agreement in respect of the premises allotted to the
purchaser.

19. It is hereby agreed that the Promoters shall be at liberty to amalgamate

and / or combine one or more plots of land adjacent to the said land and
get the plan of the proposed building/s to be constructed on the land so
amalgamated / combined sanctioned from the planning authority and in
such event form and get registered cooperative housing society of all
the flats purchasers in the said buildings and the Purchaser herein shall
not, in any manner object the said right of the promoters. It is further
agreed that in such event (purchasers of the adjacent land for the
purpose of development) the Promoter shall be at liberty and / or
entitled to grant a right of way from or through the said land for
approaching (or of the better approach) to the adjacent lands those
would be acquired with a view to developing them and the Purchaser
herein shall not object the said right of the Promoter in any manner.

20. The Purchaser/s hereby declare and confirm that he / she have entered
into this agreement, after reading and having understood the contents of
all the aforesaid exemption order, building permissions, deeds,
documents, writings and papers and all disclosures made by the
Promoter to the Purchaser/s and with full knowledge and information
thereof and subject to the terms, conditions and stipulations imposed or
which may hereafter be imposed by the concerned town planning
authority and all other concerned government bodies and authorities
and also subject to the Promoter's right to make the necessary
amendments, variations, modifications and / or changes therein and
their right to avail, use, utilise, consume and exploit the entire balance
and additional floor space index available on the said property as well
 ~ 26 ~
as the transferable development rights as may be permissible by law
and other benefits in F.S.I. on the said land.

21. The Promoters have brought to the clear notice and knowledge of the
Purchaser that they have availed the credit facilities from Aditya Birla
Finance Limited against creation of the charge and mortgage of the said
property by executing Simple Deed of Mortgage dated 06.10.2021
registered at the office of Joint Sub-Registrar of Assurances at Thane –
1 under serial No. TNN-1-13133/2021 and the Promoter has created
charge of the said Aditya Birla Finance Limitedand subject to the
creation of charge and mortgage of Aditya Birla Finance Limited on the
said property and in terms of the conditions and stipulations of the
Mortgage Deed, Promoter is entitled to deal and dispose off the flats and
units constructed in the said property and accordingly the Promoters will
be required to obtain no objection certificate from Aditya Birla Finance
Limited for sale of flats.The Promoters have brought to the clear notice
and knowledge of the Purchaser that during the course of development
they shall sell, assign, mortgage, charge, encumber or otherwise deal
with all or any of their rights, title, benefits and interest in respect of the
said property, and / or the said building or any part thereof. The
Promoter has brought to the notice and knowledge of the Purchaser that
during the course of construction / development, the Promoter will
avail and procure financial assistance, construction loan, cash credit
facilities and other mode of monetary assistance and borrowing by
mortgaging the property and the scheme of construction thereby
creating charge, mortgage on the said property and the purchaser is
aware of the same and the Purchaser shall not raise any objection or
obstruction to such creation of charge, mortgage and raising the finance
by the Promoter. However, such charge and mortgage shall be subject
to rights of the purchaser under this agreement. The Purchaser further
confirm and undertake that he will issue cheques of the installment as
specified and in favour in the account banks and financial institutions
as nominated and directed by the Promoter. However, such sale,
assignment, mortgage, charge, encumbrance and raising of finance,
monies for the development of the said property shall always be subject
to the rights of the Purchaser/s under this agreement.

22. It is expressly agreed that the Promoter shall be entitled to put a

hoarding and / or cable network station mobile phone set up or station
on the said property or on the building to be constructed on the said
property and the said hoardings may be illuminated or comprising of
neon sign or such other type or mode as may be designed by the
Promoter and for the purpose Promoter is fully authorised to allow
temporary or permanent construction or erection in installation either
on the exterior or the said building or on the property as the case may
be and the Purchaser agrees not to object or dispute the same.
Necessary covenants, reservations in respect thereto shall be
incorporated in the proposed conveyance. The Promoter or his
nominees shall be exclusively entitled to the income that may be
derived by display of such advertisement or installation of cable
network or mobile phone station, at any time hereafter. The Purchaser
shall not be entitled to any abatement in the price of the said premises
or to object to the same for any reason and shall allow the Promoter, his
agents, servants etc., to enter into the said property including the
 ~ 27 ~
terraces and other open spaces in the building for the purpose of putting
and / or preserving and / or maintaining and / or removing the
advertisements and / or hoardings, neon lights or such installations etc.,
The Promoter shall be entitled to transfer or assign such right to any
person or persons whom they deem fit and the purchaser shall not raise
any objection thereto.

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

construed as a grant, demise or assignment in law, of the said
Apartments or of the said Plot and Building or any part thereof. The
Purchaser shall have no claim save and except in respect of the
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.

24. Notwithstanding any other provisions of this agreement the Promoters

has disclosed and brought to the knowledge of the Purchaser that it
shall be at the sole and absolute discretion of the Promoter :
a) to form a separate/combined co-operative housing society or limited
company or condominium of apartment or any other body or bodies
of Purchasers to be formed and constituted.
b) to decide and determine how and in what manner the infrastructure
including the common areas and amenity space, recreation garden,
all other open spaces, layout or internal roads if any may be
transferred and/or conveyed/ assigned/ leased.
c) to provide for and incorporate covenant and restriction and
obligations with regard to the provision of maintaining the
infrastructure and common amenities including garden and roads as
well as garden attached to the ground floor flats, if any.
d) to decide from time to time to what extent the building/s along with
land appurtenant to its transferred to the respective body formed.
e) to decide from time to time when and what sort of document of
transfer should be executed.
f) to grant of right of access/way from and through the said property to
the adjacent buildings and plots as well as the easement rights of the
said property.
g) to form a federation of all the cooperative housing societies to be
formed in the said scheme of construction and to convey the said
land and the building to a apex body.
h) to execute the conveyance of the said property in parts, taking into
consideration the divisions of property due to road and such
conveyance and transfer of land will not be equivalent to the floor
space index consumed in the construction of the building situated on
the said land conveyed in favour of the society/ies.
and the Purchaser has clearly understood the same and in confirmation
thereof has granted his / her clear, express, unequivocal and irrevocable
consent for the same and shall not raise any objection, claim hindrance
and obstruction to the rights, options and discretion as reserved by the
Promoter herein
 ~ 28 ~
25. The Promoters have shown the layout of the entire property to the
Purchaser and it is agreed and understood by and between the parties that
taking into consideration the sanctioned layout the Purchaser covenant
with the Promoters as under :-
i) that as per the sanctioned plans and permissions, the open spaces are
to be strictly kept unencumbered and unobstructed.
ii) fencing, partition, retaining walls will not be constructed between
the buildings.
iii) Cable/drainage/telephone lines etc., should be allowed in open space
of the building undertaken for development.
iv) location of electric transformer/ sub-station shall be
earmarked/defined by the Architect of the Developers
v) common amenities and the estimate thereof as well as proportionate
share thereto shall be ascertained by the Architect of the Developer.
vi) the execution of the external compound wall will be as per the
design and specification of the architect of promoters and the
elevation of the buildings shall not be changed or altered.
vii) each building shall be maintained in good and proper condition
along with the unobstructed right of access.
viii) the Promoter shall have the option to form a separate co-operative
housing society of the buildings undertaken for development and
such society will become the member of the Federal society of the
said entire layout and the conveyance of the entire layout will be
executed in favour of such Federal society and no separate
conveyance will be executed in favour of any society.
ix) it is clearly brought to the notice of the Purchaser herein and the
Purchaser herein is clearly made aware that the Promoters have
acquired the development rights of the land as described in the
Schedule hereunder written however due to the certain reservations
and / or set backs the area to be handed over and conveyed to the
cooperative housing society and / or the corporate body will not be
equivalent to the area of construction availed in the said buildings
constructed on the said available land and the Purchaser herein will
not raise any objection, hindrance or obstruction such execution of
the conveyance and such execution of conveyance shall be executed
taking into consideration the entire buildings constructed in the said
property along with the right and interest in the common open
spaces, playground etc.,
x) the Promoter has also brought to the knowledge of the Purchaser that
the property on which the building is constructed forms an integral
part of the entire scheme of construction of the entire property
described in the first schedule and accordingly the Promoter and the
Purchaser herein shall have the rights and interest and benefits of the
common open spaces, internal road and access as well as
infrastructural facilities of the entire scheme of construction
described in the first schedule along with the other purchasers of the
building in the said scheme of construction and accordingly the
Purchaser shall cooperate and extend their sincere participation as
well as the contribution of funds for maintenance and other
outgoings of the said infrastructural facilities on the said scheme of
construction as per the directions and discretion of the Promoters
herein.
 ~ 29 ~

26. The Promoter has clearly brought to the notice and knowledge of the
Purchaser
(a) that in pursuance to the sanctioned plans and permissions, the
Promoter is entitled to commence, carry out the construction
work of Buildings as presently sanctioned under the building
permission granted by the municipal corporation on the
amalgamated property described in the Schedule hereunder
written and that the Promoters have further brought to the
notice and knowledge of the purchaser herein that the club
house facilities and other common facilities of the present
housing scheme will be used, utilized, availed and shared by the
intending purchasers of the buildings to be constructed on the
properties described hereinabove as well as other amalgamated
properties and the purchaser herein along with the other
purchasers will not raise any objection, hindrance and/or
obstruction for such use of the above facilities by the other
intending purchasers and the purchaser herein has granted
his/her express and irrevocable consent for the same and agree
and assure that such above covenant shall always remain
binding upon him and also the Promoter has clearly brought to
the knowledge of the purchaser that they intend to get the said
sanctioned plans and specifications modified, revised, renewed
and altered for consumption of remaining floor space index,
transfer of development rights, staircase floor space index,
permissible increases and incentives in floor space index to be
used and utilized on the said property as may be granted and
approved by the Municipal Corporation from time to time and
further the Promoters have given the clear inspection of such
plans and specifications to the Purchasers herein as regards the
existing sanctioned buildings, and the proposed annexed multi-
storied buildings or otherwise touching the existing constructed
buildings and also further expansion in buildings to be
constructed on the said property as permitted by the Municipal
Corporation by way of further amalgamation, expansion thereto
and the Purchaser has gone through the said plans as well as the
proposed plans including provision of annexed buildings,
touching the existing constructed buildings further expansions
and do hereby admit, acknowledge and confirm the said fact of
construction of additional buildings, annexed buildings,
expansion of buildings on the said property by revision and
modification in the plans and designs and have accordingly
granted his / her express and irrevocable consent to the
Promoters for the same and shall not raise any objection and/or
hindrance for construction of such buildings by the promoter.
The purchaser herein agree and assure to pay the corpus fund in
advance as and when demanded by the Promoter irrespective of
the completion of the above amenities and facilities and the
scheme of construction and will not be withhold the same on
any reason whatsoever.
(b) the Promoters have also shown to the Purchaser the entire layout
of the said property along with the amalgamation of lands,
 ~ 30 ~

further expansions as well as future amalgamation and extension thereto, the

nature and extent of the land to be handed over to the concerned authorities
on account of set back, reservations etc., as well as the potentiality of floor
space index to be used on the remaining land and in such eventuality the
transfer and conveyance of the land in favour of the cooperative housing
society or condominium of apartment owners and / or any corporate body
will not be equivalent to the floor space index used, utilized and consume in
the buildings to be constructed / constructed thereon and the Purchaser is
fully aware of the same and have accordingly granted his / her express and
irrevocable consent for the same. It is further brought to the notice and
knowledge of the Purchaser that there are certain reservations to be handed
over to the municipal authorities and that at the time of execution of
conveyance and further transfer proceedings, the area affected by roads and /
or reservation will stand deducted as per the due process of law and the net
land will be conveyed and handed over to the cooperative housing society on
completion of the entire scheme of construction as per the sanctioned plans
and permissions as well as further revisions, modifications and alterations
therein from time to time and the Purchaser do hereby confirm the same and
has granted his / her express and irrevocable consent for the same.
(c) that there will be changes, modifications, further expansions,
amalgamation of the adjacent lands in the scheme of construction and its
present and future course of the scheme of development on the said
property and / or the adjacent property in the manner herein recited
(d) the Promoter is constructing the building in accordance with the
sanction plans granted by the Thane Municipal Corporation under
certificate No. 3568 V.P. No. S10/ 0006/ 08/ TMC /TDD /2393/17
dated 14.11.2017 and further revised under certificate No. 3568 V.P.
No. S10/ 0006/ 08/ TMC /TDD /3450/20 dated 28.08.2020 on the
land admeasuring 7941.59 sq. meters and further the Promoter intend
to amalgamate the said property with the land bearing Survey No. 148
Hissa No.1A and / or other lands and to proceed with the development
activities and scheme of construction and the Promoter has disclosed
that the survey, measurement of the land bearing Survey No. 148
Hissa No.1A is in process and during the course of construction the
Promoter will acquire increases and incentives in floor space index,
transferable development rights, staircase floor space index as well as
other permitted increases and incentives as per the Development
Control Regulations and will seek necessary additions, alterations,
modification and revisions in the approved and sanction plans for
construction of additional floors as well as provisions of common
infrastructural amenities and facilities
 ~ 31 ~
and accordingly necessary revised permission will be obtained in
due course, whereby said Building/s on said property may stand
changed, altered or modified and / or further due to change in
the reservation policy or modification therein, the areas of
reservations may be re-aligned, shifted, modified or deleted and
accordingly the such land can also be available for construction
of buildings thereon and further if there is any increase in the
floor space index by way of grant of additional potentiality
therein, incentives and benefits under any scheme of
government, semi-government or municipal authorities, the
Promoter shall avail, procure, use, utilize and consume the same
on the said property or any part thereof or on any adjacent lands
as the Promoter may deem fit and proper without any benefits
thereto to the Purchaser and the Purchaser after going through
and understanding the above disclosures and further course of
development, modification or expansion therein has /have
granted his/her/their free, express and unequivocal consent for
the same and declare that they shall not raise any objection,
dispute or claim therein in any manner whatsoever and shall
render their sincere and utmost cooperation to the Promoter at
all material times.
(e) that in such event (purchasers of the adjacent land for the purpose of
development) the Promoter shall be at liberty and / or entitled to grant a
right of way from or through the said land for approaching (or of the
better approach) to the adjacent lands those would be acquired with a
view to developing them and the Purchaser herein shall not object the
said right of the Promoter in any manner and in such event all the
infrastructural benefits of the present land and the complex known as
“Dynamic Crest” will be shared, utilized, used and enjoyed by the flat
purchasers of the adjacent buildings and the purchasers herein is fully
aware of the same and the purchaser herein along with the other
purchasers will not raise any objections, hindrances and/or obstructions
for such use of the common benefits, amenities and infrastructural
facilities of the said project by the flat/unit purchasers of the buildings
constructed on the adjacent land and the same shall form an integral part
of the complex known as “Dynamic Crest” It is further brought to the
notice of the Purchaser and it is clearly clarified that in case the Promoter
do not amalgamate the said adjacent properties and acquire the same for
development, then also the Promoter is well and sufficiently entitled to
grant the facilities and rights to the other purchasers of adjacent
properties to avail, use, utilise and enjoy the said club house facility of
the said project and the Purchaser herein along with the other purchasers
will not raise any objection for the same and the Purchaser has granted
his / her express and irrevocable consent for the same.
And the Purchaser has clearly understood the same and in confirmation
thereof has granted his / her clear, express, unequivocal and irrevocable
consent for the same and shall not raise any objection, claim hindrance
 ~ 32 ~
and obstruction to the rights, options and discretion as reserved by the
Promoter herein

27. It is agreed and understood that as the scheme of construction and its
expansion and future extension involves various phases during the
possession of the first phase, the common amenities and infrastructural
facilities thereto may be ready and functional for use and utilization and
on that ground the Purchaser herein along with the other purchasers
shall not object for payment of any charges, funds and deposits as
applicable thereto and as agreed herein and further the Purchaser shall
also pay the monthly maintenance charges and other outgoings
regularly and shall not withhold the same on that ground or any other
ground whatsoever.

28. BINDING EFFECT

Forwarding this Agreement to the Purchaser by the Promoter does not
create a binding obligation on the part of the Promoter or the Purchaser
until, firstly, the Purchaser 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 Purchaser
and secondly, appears for registration of the same before the concerned
Sub- Registrar as and when intimated by the Promoter. If the Purchaser
(s) fails to execute and deliver to the Promoter this Agreement within
30 (thirty) days from the date of its receipt by the Purchaser and/or
appear before the Sub-Registrar for its registration as and when
intimated by the Promoter, then the Promoter shall serve a notice to the
Purchaser for rectifying the default, which if not rectified within 15
(fifteen) days from the date of its receipt by the Purchaser, application
of the Purchaser shall be treated as cancelled and all sums deposited by
the Purchaser in connection therewith including the booking amount
shall be returned to the Purchaser without any interest or compensation
whatsoever.

29. 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 premises
as the case may be.

30. RIGHT TO AMEND

This Agreement may only be amended through written consent of the
Parties herein.

31. PROVISIONS OF THIS AGREEMENT APPLICABLE TO

PURCHASER / SUBSEQUENT PURCHASERS
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
enforceable against any subsequent Purchasers of the said premises, in
 ~ 33 ~
case of a transfer, as the said obligations go along with the said
premises for all intents and purposes.

32. 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.

33. METHOD OF CALCULATION OF PROPORTIONATE SHARE

WHEREVER REFERRED TO IN THE AGREEMENT
Wherever in this Agreement it is stipulated that the Purchaser has to
make any payment, in common with other Purchaser(s) in Project, the
same shall be in proportion to the carpet area of the said premises to the
total carpet area of all the said premises in the Project.

34. FURTHER ASSURANCES

The Parties herein 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 confirm or perfect any right to be created or transferred hereunder
or pursuant to any such transaction.

35. 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 mutually
agreed between the Promoter and the Purchaser, in after the Agreement
is duly executed by the Purchaser and the Promoter or simultaneously
with the execution the said Agreement shall be registered at the
appropriate office of the Sub-Registrar.

36. The Purchaser 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.

37. That all notices to be served on the Purchaser and the Promoter as
contemplated by this Agreement shall be deemed to have been duly
served if sent to the Purchaser or the Promoter by Registered Post A.D
and notified Email ID/Under Certificate of Posting at their respective
addresses specified above.

It shall be the duty of the Purchaser and the promoter to inform each
other their address, email ID or any change in address or email ID
subsequent to the execution of this Agreement in the above address by
 ~ 34 ~
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 Purchaser, as the case may be.

38. JOINT PURCHASERS

That in case there are Joint Purchasers all communications shall be sent
by the Promoter to the Purchaser whose name appears first and at the
address given by him/her which shall for all intents and purposes to
consider as properly served on all the Purchasers.

39. Stamp Duty and Registration and statutory taxes and levies:- The
charges towards stamp duty and Registration of this Agreement as well
as statutory government, Semi-Government taxes and levies, service
tax, goods and service tax, value added tax and all other direct and
indirect taxes shall be borne by the Purchaser alone. The Purchaser
shall be entitled to the benefits offered to him under the provisions of
Maharashtra Stamp Act in case of any transfer of the said premises by
him to any intending purchaser subject to the provisions of the said Act.

40. 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 Competent Authority as per the provisions of the Real
Estate (Regulation and Development) Act, 2016, Rules and
Regulations, there under.

41. 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.

42. It is hereby made clear that furniture lay out, colour scheme elevation
treatment, trees garden lawns etc. shown on the pamphlet and literature
are shown only to give overall idea to the Purchaser and the same are
not agreed to be provided by the promoters unless specifically
mentioned and agreed in this agreement. The Promoters reserves the
right to make changes in Elevations, Designs, and Colors of all the
materials to be used at his sole discretion. In all these matters the
decision of the Promoters are final and it is binding on the Purchaser/s.

43. This agreement shall always be subject to the provisions contained in

Real Estate (Regulation and Development) Act, 2016, Rules and
Regulations, there under and any other provisions of Law Applicable
thereto.

THE FIRST SCHEDULE ABOVE REFERRED TO:

(Description of the Property)
All that portion of land 7941.59 sq. meters after deducting the areas for
reservations, roads and setbacks forming a larger part of all those pieces and
parcels of land lying, being and situated at Village Khidkali, District Thane,
within the limits of the Thane Municipal Corporation bearing :
 ~ 35 ~
Survey No. Hissa No. Area (sq. mts.)
147 8-B 1550
148 2-B 6630
200 3-B 370
147 10-C 30
Total → 8580
together with the benefits of sanction plans as well as the benefits of floor
space index of the land handed to the Thane Municipal Corporation on
account of D.P. Road, Service Road and Garden Reservation and together
with all easement rights etc., and All that piece and parcel of land lying, being
and situate at village Khidkali, District Thane within the limits of Thane
Municipal Corporation bearing
Survey No. Hissa No. Area (sq. mts.)
148 1A 1000

SECOND SCHEDULE ABOVE REFERRED TO

Description of the nature, extent of common areas and facilities.

Borewell, entrance lobby, open space and recreational area are as par sanction
plan.
ANNEXURE –A Copy of Title Report
ANNEXURE –B Copy of extract Village Forms VII and XII
ANNEXURE –C-1 Copies of plans & Layout as approved by concerned
Local Authority
ANNEXURE –C-2 Copies of the plans of the Layout as proposed 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)
ANNEXURE –D Authenticated copies of the plans and specifications of
the said premises agreed to be purchased by the
Purchaser as approved by the concerned local
authority
ANNEXURE –E Specification and amenities for the Premises,
ANNEXURE –F Authenticated copy of the Registration Certificate of
the Project granted by the Real Estate Regulatory
Authority.

RECEIPT
RECEIVED WITH THANKS FROM ] I SAY RECEIVED
THE WITHINNAMED PURCHASER ]
THE SUM OF Rs. ______________________ ]
(Rupees_______________________________ ]
______________________________________ ) ]
being the part price / consideration in ]
respect of sale of the flat hereinabove ] Promoter
CHQ NO. DATE AMOUNT BANK DETAILS
 ~ 36 ~
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 Promoter
Sneh Makewell LLP,
a limited liability partnership,
through its partner

_________________________ ________________

SIGNED & DELIVERED

by the within named Purchaser/s

1._________________________ ________________

2._________________________ ________________

WITNESS:

1.

2.