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AGREEMENT FOR SALE

ARTICLES OF AGREEMENT made at Thane, this ____ day of

___ in the Christian Year Two Thousand ___________– BETWE
E N – M/s. SHADAB ENTERPRIES (PAN NO. AAFPZ7068J), a
Company registered under the Companies Act, 1956, through its Proprietor
MR. ABUBAKAR ALI MOHMMAD ZARIWALA having its Office at
07, Noori Gardens, Opp. Dominos, Kausa Thane, hereinafter called the
“DEVELOPER” (which expression shall unless it be repugnant to the
context or meaning thereof, be deemed to mean and include the partner or
survivors or survivor of them and their respective heirs, executors and
administrators of such last survivor of the of the ONE PART
AND –
MR. / MRS. _________________________, age: __ years, Occupation
_________, residing at _____________________________, hereinafter
called the “PURCHASER/S” (which expression shall unless deemed to
mean and include his/her/their heirs, executors, administrators and assigns
and all person deriving title under or through him/her/it/their and permitted
assigns) of the OTHER PART.
In this Agreement, unless the context otherwise implies the expression
defined hereunder shall have the respective meaning assigned to them.

i) The singular wherever used shall include plural and vice-versa;

ii) The masculine gender used herein shall include feminine and/or
neutral gender wherever applicable;

WHEREAS by virtue of an agreement entitled DEED OF CONVEYANCE

dated 31/08/2016, made between Mr. SHAFIULLAH EHSANULLAH
KHAN and seven others as the owners and MR. ABUBAKAR ALI
MOHMMAD ZARIWALA as the purchaser, the purchaser has purchased
the entire landed properties total admeasuring 5908.15 Sq. Mt., under
different Survey Nos. which is vividly depicted below, all lying, being and
situate at Kausa, Taluka & Dist. Thane.
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Sr.No. Survey No. Hissa No. Total Area as per Assessment

Area 7/12 Sq.mtr (Rs.)
H-R-P
1 109 1B 0-23-0 2400 2.44
0-01-0
2 105 2 0-30-4 3270 1.33
0-02-3
3 108 1B 2040 238.15 0.50
(part) (balance area)
TOTAL AREA 5908.15 Sq.Mtr.

AND WHEREAS by dint of 7×12 extract drawn from Talathi office, MR.
ABUBAKAR ALI MOHMMAD ZARIWALA is the owner of above
landed properties.

AND WHEREAS the said MR. ABUBAKAR ALI MOHMMAD

ZARIWALA have carved out the landed property under said Survey Nos.
and got it developed by getting the requisite sanction from the competent
authority it means from Thane Municipal Corporation, Thane.

AND WHEREAS by virtue of said DEED OF CONVEYANCE dated

14/10/2016 and its Mutation Entry (2063 & 2037) the said MR.
ABUBAKAR ALI MOHMMAD ZARIWALA has become the owner of
the said open landed properties admeasuring 5908.15 Sq.Mtr. Hereinafter
for the sake of brevity and convenience is collectively referred to as the
SAID PROPERTY as explicitly mentioned in SCHEDULE A hereunder
written.

AND WHEREAS the entire landed property (under Schedule “A”) on

which the present Building ________ Wing are being developed having
ground + upper 21 floors.

AND WHEREAS the Competent Authority (Collector of Thane) has

granted N. A. Cum-Sale Certificate on _________ vide N.A. Order No.
_______________________________. Annexure ____

AND WHEREAS the DEVELOPER herein have entered into the standard
Agreement with MR. SACHIN CHARPE of M/s. RIGHT ANGLE
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Consultant, an architect, registered with Council of Architects as per the

standard Agreement prescribed by the Council of Architects. The
DEVELOPER has also accepted professional supervision of the said
Architect & the structural Engineer. That, the R. C.C. Consultant MR.RAJ
BHONDE of M/S.SSCONS is also appointed by the DEVELOPER.

AND WHEREAS the DEVELOPER has appointed ADVOCATE

QUAMRUDDIN ANSARI as the legal Adviser for the project who has
issued the Title Clearance Certificate of the SAID PROPERTY.

AND WHEREAS in requisition of a Letter dated __________, a Sanction

of Development/permission bearing _______________________
______________________________________________, has been issued
by the T. M. C for the construction of Building over the SAID PROPERTY,
That, the said Plan is further amended on dated ____________, vide
Sanction No. __________________.

AND WHEREAS the DEVELOPER through their Architect have submitted

Building plans (Letter dated __________) to the T. M. C. for its approval &
have procured sanctioned Plans for construction of building from T. M. C.
vide DEVELOPMENT/COMMENCEMENT CERTIFICATE, bearing
___________________________________________, dated __________,
for the construction of Ground plus seven upper Floors building on the
SAID PROPERTY.

AND WHEREAS the DEVELOPER have undertaken to construct a

ground plus seven storeyed building on the SAID PROPERTY more
particularly described in the SCHEDULE ‘A’ hereunder written, in
accordance with the plans and specifications as sanctioned by the T. M. C. to
known as BELLA MONTE consisting of Flats/Blocks/Rooms and Shops,
which building hereinafter in this Agreement for the sake of brevity &
convenience is referred to as the SAID BUILDING.
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AND WHEREAS the DEVELOPER has since commenced the

Development of SAID PROPERTY, is now desirous of selling the
Flats/Blocks/Shops/Room of the SAID BUILDING to be constructed on the
SAID PROPERTY, to the Prospective/intending Purchaser/s on what is
popularly knows as “OWNERSHIP BASIS” with a view to ultimately, the
Purchaser/s of all to form themselves into a co-operative Housing Society.

AND WHEREAS the Purchaser/s being desirous of purchasing in the SAID

BUILDING the Flats/Blocks/Shops/Room and has/have verified and/or
caused to be verified the said hereinabove cited DOCUMENTS, and the
plans and specifications sanctioned by the appropriate Local Authority, (i.e.
T. M. C.) the title and other documents and papers relating thereto and is
absolutely satisfied about the DEVELOPER right and authority to develop
the SAID PROPERTY and has/have agreed to purchase the Flat/Shop No.
___. in ___ Wing, on ______ Floor, admeasuring ____ Sq. Meter (Carpet
area) of the SAID BUILDING which is to known as BELLA MONTE
more particularly/explicitly described in the SCHEDULE A-1 hereunder
written mentioned, at the price and/or consideration and on the terms and
conditions hereinafter appearing.

AND WHEREAS the DEVELOPER propose to develop the SAID

PROPERTY more particularly described in the Second Schedule hereunder
written as a residential complex.

AND WHEREAS the DEVELOPER has entered into the Standard

Agreements with MR. SACHIN CHARPE of M/s. RIGHT ANGLE an
architects registered with the council of Architects as per the standard
agreement prescribed by the Council of Architects. The DEVELOPER have
also appointed Mr. RAJ KUMAR BHONDE of M/s.SSCONS as the RCC
Consultants for preparation of the structural designs and drawings of the
building. The DEVELOPER has accepted the professional supervision of
the said Architect and the RCC Consultants as may be appointed from time
to time.
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AND WHEREAS as per the Scheme envisaged by the DEVELOPER :-

(i) The DEVELOPER proposed to develop the said plot to be

known as “BELLA MONTE”.
(ii) The DEVELOPER at his discretion may develop the SAID
PROPERTY separately or amalgamate it with other adjoining
property/properties.
(iii) The DEVELOPER shall form a society and execute
conveyance/lease only upon the completion of the development of the SAID
PROPERTY and the Purchaser shall not be entitled to demand
conveyance/lease before the completion of the entire project.
(vi) The DEVELOPER shall be entitled to use the additional
FSI/benefit that may be available in respect of the SAID PROPERTY due
to increase in floor space index or due to the benefit made available to the
SAID PROPERTY or otherwise and the Purchaser shall not object to the
same, on any ground whatsoever.
(vii) The DEVELOPER may amalgamate the SAID PROPERTY
with any of the adjoining piece or property and utilize the FSI in respect
thereof or any part thereof in the building/building that may be constructed
on the SAID PROPERTY or on such amalgamated plot or adjoining plot as
the DEVELOPER may deem fit.
(viii) FSI consumed in any of the building may not be proportionate
to the area of the land and at any stage it may not be possible to sub divide
the property and the Purchaser shall not insist upon the same. The
DEVELOPER may change plan as per the requirement of the authority and
the Purchaser shall not object to the same so far as there is no change in the
area of the flat agreed to be sold to the Purchaser.

Each of the aforesaid conditions are of THE ESSENCE OF THE

CONTRACT and only upon the Purchaser having agreed to the same, the
DEVELOPER have agreed to the same, the DEVELOPER have agreed to
sell the said flat to the Purchaser.
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(ix) While sanctioning the Building Plans, the Concerned Authorities have
laid down certain terms, conditions, stipulations and restrictions to be
observed and performed by the DEVELOPER while constructing the said
Building. Upon due observance and performance of terms, conditions,
stipulations and restrictions as contained in various approvals/sanctions of
the Concerned Authorities only the Occupation and Completion Certificates
in respect of the said Building/s would be granted by the Corporation.

(x) A copy of certificate of title issued by Advocate of the DEVELOPER,

copies of the 7/12 extracts showing the nature of the title of the Owners to
the SAID PROPERTY on which the said building is being constructed and
copy of the typical floor plan of the flat agreed to be purchased by the
Purchaser, the copies whereof are annexed hereto and marked as
annexure ‘A’ and all other documents relating to the SAID PROPERTY
and the said building as are specified under the MOFA Act and the rules
made there under have all been heretofore furnished by the DEVELOPER to
the Purchaser which is hereby acknowledged.

(xi) The DEVELOPER have commenced and completed the construction

of the said Building in accordance with the plans sanctioned by the
Corporation.

(xii) The DEVELOPER are desirous of selling residential premises such as

flats/covered car parking spaces and other premises including open spaces
such as garden, terrace etc. appurtenant to or adjoining or abutting certain
flats/Pent houses being constructed on the SAID PROPERTY on
OWNERSHIP BASIS and are entering into separate agreement for the sale
of such premises with various purchasers on similar terms and conditions as
herein contained.

(xiii) The Purchaser has requested the DEVELOPER to sell and transfer to
the Purchaser, on Ownership basis a Flat/Shop No. ____ on the __________
floor in______ Wing in the SAID BUILDING (hereinafter referred to as ‘the
said flat’) having carpet area of about ________ sq. ft. equivalent to ______
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sq. mtrs. or thereabouts shown by red colour on typical floor plan thereof
hereto annexed as annexure ‘A’ (hereinafter referred to as the said flat to as
‘the said premises’).

(xiv) The Purchaser hereby declares that before the execution of this
Agreement the DEVELOPER have made full and complete disclosure and
the Purchaser has taken full and free inspection of all documents, plans,
orders, etc. as mentioned hereinabove and he is fully satisfied with the same
and he hereby undertakes that he shall not raise any objection in future in
that behalf.

(xv) The Purchaser has made the Declaration/Averments as prescribed

under the provisions of the Maharashtra Co-operative Societies Act, 1960.

(xvi) Relying upon the said representation, the DEVELOPER has agreed to
sell the said premises to the Purchaser at the price and on the terms and
conditions hereinafter appearing.

(xvii) Under Section 4 of Maharashtra Ownership Flats (Regulation and

Promotion of Construction, Sale, Management and Transfer) Act, 1963, the
DEVELOPER are required to execute a written Agreement for Sale of the
said flat with the flat purchaser, being in fact these presents and also to
register the said Agreement under Registration Act.

AND WHEREAS the promoter/developer has registered the project

under the provisions of Real Estate (Regulation & Redevelopment) Act,
2016 with the Real Estate Regulatory Authority at ___ No. ___;

AND WHEREAS under Section 13 of the Act the Promoter/

Developer is required to execute a written Agreement for sale of said
Apartment with the Allottee, being infact these presents and also to register
said Agreement under the Registration Act, 1908.
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NOW THIS AGREEMENT WITNESSETH TO AND IT IS HEREBY

AGREED MUTUALLY BY AND BETWEEN THE PARTIES HERETO AS
UNDER :

1. The DEVELOPER have constructed the said Building comprising of

Ground + Twenty one upper floors on the SAID PROPERTY in
accordance with the building plans sanctioned by the Corporation with only
such variations and modifications as the Corporation or the DEVELOPER
may deem fit and the Purchaser hereby consents to the same. PROVIDED
THAT if such variations or modifications adversely affect the area of the flat
agreed to be purchased by the Purchaser, then and in such event, the
DEVELOPER shall obtain consent of the Purchaser in writing. PROVIDED
ALWAYS that the DEVELOPER shall have fullest liberty to make any
variations or alterations and amendments in the said building being
constructed on the SAID PROPERTY, or the location thereof, and the
Purchaser shall not object to the aforesaid and hereby grants irrevocable
consent to the same.

2. The Purchaser has prior to the execution of this agreement satisfied

himself with the title of the Owners to the said property including the
Agreements and other documents referred to hereinabove and the Purchaser
hereby agrees and confirms that he shall not be entitled to further investigate
the title of the Owners and the DEVELOPER’ right of development of the
said building and no requisition or objection shall be raised by the Purchaser
on any matter relating thereto or howsoever in connection therewith.
Further prior to the execution of these presents, the DEVELOPER has given
the Purchaser an express notice of the rights reserved and retained by the
DEVELOPER for himself.

3. While sanctioning the said Building Plans, concerned local authority

has laid down certain terms, conditions, stipulations and restrictions which
are to be observed and performed by the DEVELOPER while developing the
said Building and upon due observance and performance of which only the
Completion and Occupation Certificates in respect of the said Building shall
be granted by the concerned local authority.
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4. The Purchaser hereby agrees to acquire and purchase from

DEVELOPER and the DEVELOPER hereby agree to sell and transfer to the
Purchaser the said premises being Flat/Shop No. _____ on the _______ floor
in____ wing in the said Building having carpet area of about ______ sq. ft.
equivalent to ______ sq. mtrs. or thereabouts shown by red colour on typical
floor plan thereof hereto annexed as annexure ‘A’at or for a price of
Rs.____________ (Rupees ______________________________________)
(which includes proportionate price of common areas and the facilities
appurtenant to the said premises). The list of the amenities to be provided
by the DEVELOPER in the said premises as well as the entire nature, extent
and description of the common areas and facilities and limited common
areas and facilities and limited common area and facilities are set out in
annexure _____ hereto respectively. However, the Purchaser agrees that the
DEVELOPER have the right to change the fixtures fittings and amenities to
be provided in the circumstances wherein there is an uncertainty about the
availability of fixtures fittings or amenities or the materials required to be
provided either in terms of quantity and quality and/or delivery and/or for
any other reason beyond the control of the DEVELOPER. In such
circumstances, the DEVELOPER shall substitute the fixtures fittings and
amenities without any approval of the Purchaser in as much similar
specification and/or quality as may be available and required during the
stage/time of the construction in order to enable the DEVELOPER to offer
at the earliest the possession of the said premises and/or for any other reason
whatsoever.

4(i) The purchaser/s hereby accord his/her irrevocable consent to the

Promotors/DEVELOPERS herein to carry out such alteration,
modifications in the sanctioned plans of the SAID BUILDING and/or
the layout plans as the Promoters in its sole discretion things fit and/or
such modifications and alterations which are necessary in pursuance of
any law, rules, regulations, order or request made by the local
authority, T.M.C. authority or other competent authority concerned.
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The purchaser further provides his irrevocable consents to the

Promoters / DEVELOPERS for the purpose of easement, amalgamation
or merger or such other rights to the Promoters for extensive
development or otherwise as per the proposed tentative plans. The
Purchaser also acknowledges and recognizes that the Promoters has
exclusive right, title and interest in the balance and / or unused or
additional FSI ,FAR, TDR, etc. in respect of the SAID PROPERTY
and/or the land properties acquired hereafter which shall be used by
such Promoters to undertake the construction work in the subsequent
phases after getting the plans approved. The Purchaser unconditionally
agrees and covenants NOT TO take any objection against the
Promoters in this behalf hereafter and further indemnify and agree to
keep the Promoters fully indemnified against any such claims, demands,
and objections etc. in future.

5. The Purchaser hereby agrees to pay to the DEVELOPER the aforesaid

purchase price of Rs.______________/- as under.

a) Rs._________ paid on or before execution hereof.

b) Rs._________ Date_________.
c) Rs._________ Date_________.
d) Rs._________ Date_________.
e) Rs._________ Date_________.
f) Rs._________ Date_________.
g) Rs._________ Date_________.
h) Rs._________ Date_________.
i) Rs._________ Date_________.
j) Rs._________ Date_________.
k) Rs._________ Date_________.
l) Rs._________ Date_________.
m) Rs._________ Date_________.
n) Rs._________ Date_________.
o) Rs._________ Date_________.
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5.a. 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 Allottee for increase in development charges, cost, or levies
by the competent authorities etc., the Promoter shall enclose the said
notification/rule/regulation published/issued in that behalf to that effect
along with the demand letter being issued to the Allottee, which shall only
be applicable on subsequent payments.

5.b. The Promoter/Developer may allow, in its sole discretion, a rebate for
early payments of equal installments payable by the Allottee by
discontinuing such early payments @____% per annum for the period by
which the respective installment has been preponed. The provision for
allowing rebate and such rate of rebate shall not be subject to any revision/
withdrawal, once granted to an Allottee by the Promoter/Developer.

5.c. The Promoter/Developer 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 Allottee, obtain from the concerned local
authority occupancy and/or completion certificates in respect of the
Apartment.

5.d. Procedure for taking possession : The Promoter/Developer, upon

obtaining the occupancy certificate from the competent authority and the
payment made by the Allottee as per the agreement shall offer in writing the
possession of the [Apartment/Plot], to the Allottee in terms of this
Agreement to be taken within 3 (three months from the date of issue of such
notice and the Promoter shall give possession of the [Apartment/Plot] to the
Allottee). The Promoter/Developer agrees and undertakes to indemnify the
Allottee in case of failure of fulfillment of any of the provisions, formalities,
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documentation on part of the promoter/developer. The Allottee agree(s) to

pay the maintenance charges as determined by the Promoter or association
of allottees, as the case may be. The Promoter on its behalf shall offer the
possession to the Allottee in writing within 7 days of receiving the
occupancy certificate of the Project.

5.e. Failure of Allottee to take Possession of [Apartment/Plot] : Upon

receiving a written intimation from the Promoter/Builder as per Clause 5-D,
the Allottee shall take possession of the [Apartment/Plot] from the Promoter
by executing necessary indemenities, undertakings and such other
documentation as prescribed in this Agreement, and the Promoter/Builder
shall give possession of the [Apartment/Plot] to the allottee. In case the
Allottee fails to take possession within the time provided in clause 5-D, such
Allottee shall continue to be liable to pay maintenance charges as applicable.

5.f. If within a period of five years from the date of handing over the
Apartment to the Allottee, the Allottee brings to the notice (in relation to
RCC structure only) of the Promoter/ Builder any structural defect in the
Apartment or the building in which the Apartment 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/Builder at his own
cost and in case it is not possible to rectify such defects, then the Allottee
shall be entitled to receive from the Promoter/Builder, compensation for
such defect in the manner as provided under the Act.

5.g. The Promoter/Builder shall, within three months of registration of the

Society or Association or Limited Company, as aforesaid, cause to be
transferred to the society or Limited Company all the right, title and the
interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in
the said structure of the Building or wing in which the said Apartment is
situated.

5.h. Not to do or permit to be done any act or thing which may render vid
or voidable any insurance of the project land and the building in which the
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Apartment is situated or any part thereof or whereby any increased premium

shall become payable in respect of the insurance.

5.i. The Allottee shall not let, sub-let, transfer, assign or part with interest
or benefit factor of this Agreement or part with the possession of the
Agreement until all the dues payable by the Allottee to the Promoter/
Developer under this Agreement are fully paid up.

5.j. 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
Allottee shall permit the Promoter/Developer and their survevors 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.

5.k. The Promoter/Developer shall maintain a separate account in respect

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

5.l. PROMOTER/BUILDER SHALL NOT MORTGAGE OR

CREATE A CHARGE : After the Promoter/Builder executed this
Agreement he shall not mortgage or create a charges on the [Apartment] and
if any such mortgage or charge is made or created then notwithstanding
anything contained in any other law for the time being in force, such
mortgage or charge shall not effect the right and interest of the Allottee who
has taken or agreed to take such [Apartment/plot].

5.m. BINDING EFFECT : Forwarding this Agreement to the Allottee by

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

5.n. RIGHT TO AMEND : This Agreement may only be amended

through written consent of the parties.

5.o. 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.

5.p. 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 ______________ Authority as per the provisions of the Real
Estate (Regulation and Development) Act, 2016, Rules and Regulations,
thereunder.
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5.q. GOVERNING LAW : That the rights and obligations of the parties
under or arising out of this Agreement shall be construed and enforced in
accordance with the laws of India for the time being in force and the _____
courts will have the jurisdiction for this Agreement.

6. The Purchaser confirms that the installments payable by the Purchaser

under these presents shall be paid on due dates without any delay or default
as TIME IN RESPECT OF THE SAID PAYMENTS OR INSTALLMENTS
AND IN RESPECT OF ALL AMOUNTS PAYABLE UNDER THESE
PRESENTS BY THE PURCHASER TO THE DEVELOPER IS OF THE
ESSENCE OF THE CONTRACT. If the Purchaser makes any delay or
default in making payment of any of the installments or amounts or commits
any default in observing terms and conditions of this agreement, the
DEVELOPER shall be entitled at their option either to terminate this
Agreement or to charge interest at the rate of 24% per annum on all such
amounts and installments from the date of default till payment and/or receipt
thereof by the DEVELOPER, WITHOUT PREJUDICE to their other rights
in law and under these presents; PROVIDED AND ALWAYS that the
Power of termination hereinbefore contained shall not be exercised by the
DEVELOPER unless and until the DEVELOPER shall have given to the
Purchaser 15 DAYS PRIOR NOTICE in writing of their intention to
terminate this Agreement and default shall have been made by the Purchaser
in remedying such breach/breaches within 15 days after giving of such
notice. It is further agreed that upon termination of this Agreement as stated
herein, the DEVELOPER shall, after deducting an amount equal to 20% of
the total consideration payable hereunder, refund to the Purchaser the
balance of the sale price which the Purchaser may have till then paid to the
DEVELOPER without any interest on the amount so refundable and upon
termination of this Agreement, pending refund of the amount as aforesaid,
the DEVELOPER shall be at liberty to dispose off and to sell the said
premises to such person or persons at such price and on such conditions as
the DEVELOPER may desire and think fit in their absolute discretion and
the Purchaser shall have no objection for the same. However,in case of such
sale to third party, the DEVELOPER shall within 10 days from the date of
 16

such sale, refund the amount received so far after deductions as aforesaid to
the Purchaser.

7. It is expressly agreed that right of the Purchaser under this Agreement

is restricted only to the flat agreed to be sold by the DEVELOPER and right
of all the prospective Purchasers of premises in the said building shall be
restricted to the land married to the plinth area and all other premises and/or
portion or portions of the said plot in and around the said building shall be
the sole property of the DEVELOPER and the DEVELOPER shall be
entitled to deal with and develop the same in any manner as may be deemed
fit by them without any reference or recourse or consent or concurrence
from the Purchaser in any manner whatsoever.The Purchaser hereby
confirms and consents to the irrevocable right of the DEVELOPER to
develop the said plot in the manner deemed fit by them without any further
or other consent or concurrence from the Purchaser and other Purchasers in
future.

8. It is expressly agreed that the Purchaser shall be entitled to the

common areas and facilities and amenities along with the said premises.
However, the Purchaser has taken note of and have also agreed with the
DEVELOPER that the DEVELOPER have right to use and enjoy at all times
the facilities like all compulsory open spaces, internal common roads,
Pathways, garden and facilities, open space, storm water drainage, common
areas and facility, limited common area and facility, sewerage lines, water
courses, electricity cables, electrical substations, telephone cables,
underground and overhead water tanks, Water pipe line, pump rooms,
auxiliary tank, common lighting, dish antenna, common antenna, meter
rooms, lifts, society office room, Lift Machine Room and all such facilities
finally that may be provided by the DEVELOPER and also grant the user
and enjoyment thereof to any other building and occupants thereof that may
be constructed by them or their nominees or associates in the locality.

9. The DEVELOPER hereby declares that the Floor Space Index (F.S.I.)
available in respect of the said plot is at present ______ sq. mtrs. (total).
 17

10. The Purchaser shall use the said premises or any part thereof to permit
the same to be used only for the purpose for which it is meant and/or no
other purpose whatsoever.

11. The DEVELOPER has informed to the Purchaser that :

a) The DEVELOPER is negotiating to purchase and/or acquire

development rights in respect of the adjoining properties. The
DEVELOPER shall at his option be entitled to amalgamate the said
adjoining properties and/or grant the right of way to such adjoining land
owners or their assignees.

b) The Conveyance/Lease in respect of the said Building shall be

executed by the DEVELOPER only upon the completion of entire
development of the said property by the DEVELOPER or their nominees
and the Purchaser shall not insist upon the conveyance/ lease prior to the
completion of the entire development of the SAID PROPERTY.

c) The DEVELOPER is entitled to utilize any additional FSI due to them

either by way of Transfer of Development Rights (TDR) or increase in F.S.I.
due to changes in Development Rules or under any Law by constructing
additional premises on the ground floor or additional floors on the said
Building to be constructed by them or by constructing one or more separate
building/s on the said plot or on any other property. The DEVELOPER
shall be entitled to use/consume the aforesaid additional F.S.I. till the
registration of the Society or any form of organization and execution of
Conveyance/Lease in its favour.

Aforesaid conditions are on the essence of the contract and only upon
the Purchaser agreeing to the said conditions, the DEVELOPER has agreed
to sell the said premises to the Purchaser.
 18

12. The DEVELOPER will sell all premises in the said Building intended
to be constructed on the said plot with a view ultimately that the Purchasers
of all the premises in the said Building shall be admitted to Co-operative
Housing Society of all such prospective Purchasers of premises (hereinafter
referred to as “said Society”).

13. Subject to terms of this Agreement being fulfilled and subject to

provisions of this Agreement, the DEVELOPER shall himself execute or
cause the Owners to execute lease and or Conveyance in respect of the
SAID PROPERTY over which the said Building are being constructed or
any part thereof and all costs, charges, expenses by way of stamp duty and
Registration fee and all other expenses whatsoever shall be borne and paid
by the Purchaser along with other prospective Purchasers of premises on pro
rata basis and demand for contribution made by the DEVELOPER shall be
valid and binding upon the Purchaser and the Purchaser shall not object to or
oppose or dispute the same in any manner whatsoever.

14. It is expressly agreed that the possession of the said premises will be
handed over by the DEVELOPER to the Purchaser by __________.
Provided the DEVELOPER have received the full purchase price of the said
premises under these presents strictly as per time Schedule and provided the
construction by the DEVELOPER is not delayed on account of non-
availability of steel, cement and other building materials, and grant of
necessary services such as water, electric, drainage etc. and any act of God,
Civil Commotion, riots, war or any notice, order, rule, notification of the
Government and/or other Public Body and/or Competent Authority has
disturbed the construction schedule of the DEVELOPER.

15. If the DEVELOPER fails or neglect to hand over possession of the

SAID PROPERTY to the Purchaser save and except as stated herein above
on account of any reasons beyond his control or as provided in section 8 of
the MOFA Act, then the DEVELOPER shall be liable on demand to refund
to the Purchaser amount received by them in respect of the said of the said
premises along with simple interest at the rate of 9% per annum from the
 19

date of the receipt of such amount till payment. Till the entire amount along
with interest thereon is refunded by the DEVELOPER to the Purchaser,
there shall be a charge on the said premises to the extent of the amount due
to the Purchaser.

16. The Purchaser shall take possession of the said premises within
SEVEN DAYS of the DEVELOPER informing in writing to the Purchaser
intimating that the said premises is ready for use and occupation.

17. While accepting the possession of the said premises from the
DEVELOPER, the Purchaser shall get himself satisfied about the quality of
work, amenities etc. and thereafter upon the Purchaser taking possession of
the said premises, shall have no claim against the DEVELOPER as regards
the quality of the Building material used for construction of the flat or the
nature of the construction provided in the said premises.

18. The Purchaser along with other purchasers of the premises in the said
building shall join in forming and registering the Society or a Limited
Company as may be decided by the DEVELOPER and for that purpose also
from time to time sign and execute the application for registration and/or
membership and other papers and documents necessary for the formation
and the registration of the Society or Limited Company and for becoming a
member, and approving the bye laws of the proposed Society and duly fill
in, sign and return to the DEVELOPER within FOUR DAYS of the same
being forwarded by the DEVELOPER to the Purchaser, so as to enable the
DEVELOPER to register the organization of the Purchaser under section 10
of the MOF Act. 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. In the event of the Society or the Limited
Company being formed and registered before the sale or disposal by the
DEVELOPER of all the premises in the said Building the power and
authority of the Society so formed of the premises purchasers shall be
 20

subject to the overall authority and control of the DEVELOPER in respect of

any of the matters concerning the said Building, the construction and
completion thereof and all amenities appertaining to the same and in
particular the DEVELOPER shall have absolute authority and control as
regards the unsold premises and the disposal thereof.

19. The Purchaser shall pay/deposit with the DEVELOPER on or before

taking the possession of the said premises the following amounts :

(a) Rs._______/- for the Entrance Fee and Share

Application Money.

(b) Rs._______/- for professional charges of Advocate for

preparation of this agreement.

(c) Rs._______/- for Legal Charges and Other expenses

(d) Rs.________/- for proportionate share of Municipal

Taxes.

(e) Rs.________/- for M.S.E.B. Deposits & charges.

(f) Rs.________/- For advance of Maintenance Charges for

one years.

(g) Rs.________/- for Development Charges.

(h) Rs.________/- for Water connection Charges/deposits.

The Purchaser hereby agrees that he shall not be entitled to question

either the quantum of such amount nor claim any interest thereon.

20. Notwithstanding anything to the contrary contained in this Agreement

the Purchaser hereby agrees to contribute to pay his proportionate share
towards the costs, charges, expenses, Municipal Taxes and outgoings in
respect of the said premises being agreed to be sold hereunder. Such share is
to be determined by the DEVELOPER having regard to the area of each
premises. The Purchaser will not be entitled to ask for adjustment of the
deposit amounts mentioned herein against the expenses, Municipal taxes and
outgoings.
 21

21. Commencing a week after the information in writing is given by the

DEVELOPER to the Purchaser that the said premises is ready for use and
occupation, the Purchaser shall be liable to bear and pay the proportionate
share (i.e. in proportion to the floor area of the flat) of the outgoings in
respect of the said property and building namely local taxes, betterment
charges or such other levies by the concerned local authorities and/or Govt.
water charges, insurance, common lights, repairs and salaries of clerks,
chowkidars, sweepers and all other expenses necessary and incidental to the
management and maintenance of the said Building. Until the society
Limited Company is formed and he said plot and the said Building
transferred to it, the Purchaser shall pay to the DEVELOPER such
proportionate share of outgoings as may be determined. The Purchaser
further agrees that till his share is so determined he shall pay to the
DEVELOPER provisional monthly contribution of Rupees _________ per
month towards the outgoings. The amount so paid by the Purchaser to the
DEVELOPER shall not carry any interest and remain with the
DEVELOPER until the Deed of Conveyance/Lease is executed in favour of
the said Society as aforesaid. Subject to the provisions of Sec. 6 of the MOF
Act, on such lease/Conveyance being executed, the aforesaid deposits (less
deductions provided for in this Agreement) shall be paid over by the
DEVELOPER to the Society or the Limited Company as the case may be.
The Purchaser undertakes to pay such provisional monthly contribution and
such proportionate share of outgoings regularly on the 5th day of each and
every month in advance and shall not withhold the same for any reason
whatsoever. However, the DEVELOPER shall not be required to pay
proportionate share of the maintenance charges of the premises which are
not sold and disposed off by the DEVELOPER.

22. The Purchaser with intention to bring in and all persons into
whomsoever hands the said premises may come, doth hereby covenant with
the DEVELOPER as follows :

(a) To maintain the said premises at Purchaser’s own cost in good

tenantable repair and condition from the date of possession of the said
premises is taken and shall not do or suffered to be done anything in
 22

or to the said Building or the staircase or any passages or other area

which may be against the rules, regulations or bye-laws of concerned
local or any other authority or change/alter or make addition in or the
said Building or the said premises itself or any part thereof.

(b) 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 said Building or storing of goods
which are objectionable by the concerned local or other authority and
shall not carry cause to be carried heavy packages to the upper floors
which may damage or be likely to damage the staircases, common
passages or any other structure of the building including entrances of
the said Building and in case any damage is caused to the Building or
any other premises or any part thereof on account of negligence or
default of the purchaser in this behalf, the Purchaser shall be liable for
the Consequences of the breach.
(c) To carry out at his own costs all internal repairs to the said premises
and maintain the said premises in the condition, state and order in
which it was delivered by the DEVELOPER to the Purchaser and
shall not do or suffered to be done anything in or to the said Building
or the said premises which constitutes a breach or default under the
rules and regulations and bye laws of the concerned local authority or
other public authority AND in the event of the Purchaser committing
any with contravention of the above provisions, the Purchaser shall be
responsible for liable for the consequences thereof to the concerned
local authority and/or any other public authority.

(d) Not to demolish or cause to be demolished the said premises or any

part thereof, nor at any time make or cause to be made any addition
or alteration of whatsoever nature in or to the said premises or any
part thereof, nor any alterations in the elevation and outside colour
scheme of the said Building and shall keep the portions, sewers,
drains, pipes in the said premises and appurtenances thereto in good
tenantable repair and condition and in particular so as to support
shelter and protect the other parts of the said Building and shall not
chisel or in any other manner damage to columns, beams, walls,
slabs, flooring, R.C.C. Pardis or other structural members in the said
 23

premises without the prior written permission of the DEVELOPER

and/or the Society.

(e) Not to throw dirt, rubbish, rags, garage or other refuse or permit the
same to be thrown from the said premises in the compound of the
property and the said Building.

(f) To Pay to the DEVELOPER within seven days of demand by the

DEVELOPER, his share of security deposit demanded by the
concerned local authority or Government for giving water, electricity
or any other service connections to the said Building and the SAID
PROPERTY.

(g) 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 said premises by the Purchaser.

(h) The Purchaser shall not let, sub-let, transfer, assign or part with the
Purchaser’s interest or benefit factor of this agreement or part with the
possession of the said premises until all the dues payable by the
Purchaser to the DEVELOPER under this Agreement are fully paid up
and only if the Purchaser has not been guilty of breach or non-
observance of any of the terms and conditions of this Agreement and
until the Purchaser has intimated in writing to the DEVELOPER.

(i) The Purchaser shall observe and perform all the rules and regulations
which the Society 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 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 regarding the occupation and use of the said premises in
 24

the said building and shall pay and contribute regularly and punctually
towards the taxes, expenses and other outgoings in accordance with
the terms of this Agreement.

(j) Till a Lease/Conveyance of the said plot and the said building in
which the said premises is situated is executed, as aforesaid, the
Purchaser shall permit the DEVELOPER and their surveyors and
agents with or without workmen and others at all reasonable times, to
enter into and the said plot and the said building or any part thereof to
verify and examine the state and condition thereof and also for the
purpose of repairing any part of the said building and/or the said
premises.

23. The DEVELOPER shall be at liberty to sell, assign, mortgage or

otherwise deal with or dispose off their right, title and interest in the
said plot or any part thereof, hereditaments and premises and the said
Building constructed or hereinafter to be erected thereon PROVIDED
THAT the DEVELOPER do not in any way affect or prejudice the
rights hereby granted in favour of the Purchaser.

24. It is also understood and agreed by and between the parties hereto that
the terrace space in front of or adjacent to the premises in the said
Building, if any, shall belong exclusively to the respective purchaser
of the premises and such terrace spaces are intended for the exclusive
use of the respective purchaser. The said terrace shall not be enclosed
by the Purchaser till the permission in writing is obtained from the
concerned local authority and the DEVELOPER or the Society as the
case may be.

25. The Purchaser and the person to whom the said premises is permitted
to be transferred, shall from time to time sign all applications papers
and documents and do all acts, deeds and things as the DEVELOPER
or the Co-operative Housing Society as the case may be, may require
 25

for safeguarding the interest of the DEVELOPER and/or the

Purchaser and other Purchasers in the SAID PROPERTY.

26. The Purchaser and the person to whom the said premises is permitted
to be transferred with the written consent of the DEVELOPER, shall
observe and perform all the provision of the bye laws and/or the rules
and regulations of the Co-operative Housing Society for the time
being in force.

27. The DEVELOPER shall if necessary become member of the said

society in respect of his right and benefits conferred/reserved herein or
otherwise. If the DEVELOPER transfer, assign and dispose off such
rights and benefits at any time to anybody, the assignee, transferee
and/or the buyers thereof shall become the members of the said
society in respect of the said rights and benefits. The Purchaser herein
and the said society will not have any objection to admit such
assignees or transferees as members of the said Society.

28. All open/covered garages, car parking spaces in the compound or in

the said Building which are proposed presently and/or which may be
proposed in future will belong to the DEVELOPER only and he will
have sole and exclusive rights and authority to alienate or dispose off
the same on such terms and conditions as he may like to any party and
receive and appropriate the consideration received thereof and the
Purchaser will have no objection to the same and the Purchaser doth
hereby consents to what is stated above.

29. The DEVELOPER has reserved the right to give the open space
around the said Building if any in the SAID PROPERTY for the
purpose of car parking, garage and/or for any other purposes on such
terms and conditions as the DEVELOPER may desire. The said rights
shall continue to subsist even after the said plot is leased to the said
society and Conveyance of the said Building executed and the clause
containing such rights shall be incorporated in the proposed
 26

Lease/Conveyance. The DEVELOPER or his nominee or nominees

shall pay a sum of Rs.______/- per year to the said society/ federal
body in token of such right which will be transferable and heritable
even after the said plot is leased to the said society, in respect of any
such use of the said open space made by the DEVELOPER and/or
their assigns and/or nominees. The DEVELOPER or his nominee or
nominees shall be exclusively entitled to the income that may be
derived out of such use of open space. The Purchaser shall not be
entitled to any rebate and/or concession in the consideration of his
said premises because of DEVELOPER’s such use of open space or
other rights of the construction of any other building and/or structures
and/or changes alterations and additions made in the said Building.
The Purchaser herein shall not be entitled to any abatement in the
price of the said premises or object to the same for any reason
whatsoever and shall allow the DEVELOPER his agents servants etc.
to enter into and upon the said plot and the said Building for the
purpose of use or enjoyment of the said open space. The
DEVELOPER shall be entitled to transfer or assign such rights to any
person and the Purchaser or the said society shall not raise any
objection thereto.

30. The Purchaser shall present this Agreement for registration with the
Sub-Registrar of Assurances at Thane within the time limit prescribed
by the Registrations Act and intimate to the DEVELOPER the serial
No. under which the same is lodged for registration and thereafter, the
DEVELOPER will attend such office and admit execution thereof.

31. All notices to be served on the Purchaser as contemplated by this

Agreement shall be deemed to have been duly served if sent to the
Purchaser by Registered Post A.D./ Under Certificate of Posting, at
his address specified below :
__________________________
__________________________
__________________________
 27

32. The DEVELOPER, his nominees or assigns shall be entitled to

reserve enjoy and/or grant or give such right of way and passage from
the SAID PROPERTY for the purpose of going to and coming from
the other property including the remaining portion of the SAID
PROPERTY or the plots of land which may be developed by the
DEVELOPER or its nominees and assigns at all time or day or night
and for all purposes with or without animals, carts, carriages, wagon,
motor cars or any vehicle laden or unlade into, upon or over the SAID
PROPERTY at such places thereon as the DEVELOPER may decide
and enjoy and/or give right to lay the service lines including
water/drainage pipes, drainage chambers, electric cables, etc. in to
under over or upon the said plot/property at such places as the
DEVELOPER may decide to any one or more persons occupants
and/or persons claiming through them or him on such terms and
conditions as the DEVELOPER may deem fit and the Purchaser and
the said society to be formed shall be bound by the same and shall not
raise any objection whatsoever. It is specifically confirmed agreed
and declared by the Purchaser that he has agreed to purchase the said
premises knowing fully well such rights of the DEVELOPER which
shall continue to subsist even after formation of the said society and
execution of Lease and/or Conveyance in favour of the said
society/federal body and necessary clause obtaining such rights shall
be incorporated in the Lease and/or Conveyance to be executed in
favour of the said society/federal body.

33. The Purchaser shall have no claim, save and except in respect of the
particular premises, common areas and facilities and limits hereby
agreed to be acquired i.e. all other areas including terrace and open
spaces around the said Building and the said plot will remain the
property of the DEVELOPER until the SAID PROPERTY and said
Building are transferred to the Society/Federal body as herein
provided subject to the rights of the DEVELOPER as contained in this
Agreement.
 28

34. The Purchaser shall, at no time, demand partition of his interest in the
said Building and/or SAID PROPERTY, it being hereby agreed and
declared by the Purchaser that his such interest in the said premises is
impartible.

35. The DEVELOPER shall always have sole right to get benefit of
additional FSI for construction and/or also to avail of the benefits of
Transfer of Development Rights (TDR) of some other property on the
SAID PROPERTY or at the option of the DEVELOPER, from the
SAID PROPERTY to some another property, as may be applicable
from time to time from the Corporation and also to make the
additions, raise storeys orput additional structures as the case may be
as permitted by the Corporation and other competent Authorities.
Such additional structures and storeys will be the property of the
DEVELOPER alone. The DEVELOPER will be entitled to use the
terrace including parapet wall of the said building either for display of
advertisements and sign boards, illuminated or otherwise, neon signs
thereon or installing antennas, radar, communication or information
sites or link s and the Purchaser shall not be entitled to raise any
objections or claim any abatement in the price of the flat agreed to be
acquired by him and/or claim any compensation or damage on the
ground of inconveniences or any other ground whatsoever from the
DEVELOPER.

36. The Purchaser hereby expressly agrees and covenants with the
DEVELOPER that in the event of all Floors (or the wings) of the said
Building on the sat being not ready for occupation simultaneously and
in the event of the DEVELOPER offering license to enter upon the
said premises to the Purchaser earlier than completion of all the floors
of the said Building on the SAID PROPERTY, then and in that event
the Purchaser has no objection to the DEVELOPER completing the
construction of the balance Floor/s of the said Building on the SAID
PROPERTY without any interference or objection by the Purchaser.
 29

The Purchaser further confirms that he shall not object to construction

of the balance floor/s or part/s thereof by the DEVELOPER on the
ground of nuisance, annoyance or any other ground or reason
whatsoever and the DEVELOPER shall be entitled to either by
himself or through any nominee to construct and complete the said
floor or floors of the said Building on the said plot as they may desire
in his absolute discretion without any interference or objection or
dispute by the Purchaser.

37. The DEVELOPER shall in respect of any amounts remaining unpaid

by the Purchaser under the terms and conditions of this Agreement
have a first lien and charge on the said premises agreed to be
purchased by the Purchaser.

38. The Purchaser is fully aware of the provisions of the amended

Bombay Stamp Act. If any stamp duty over and above the stamp duty
already paid on this Agreement is required to be paid or is claimed by
the Superintendent of Stamps or Concerned Authority, the same shall
be borne and paid by the Purchaser alone including the penalty if any.
The DEVELOPER shall not be liable to contribute anything towards
the said stamp duty. The DEVELOPER shall indemnify the
DEVELOPER against any claim from the Stamp Authorities or other
Concerned Authority in respect of the said stamp duty to the extent of
the loss or damage that may be suffered by the DEVELOPER. The
Purchaser shall also fully reimburse the expenses that may be required
to be incurred by the DEVELOPER in consequence upon any legal
proceedings that may be instituted by the authorities concerned
against the DEVELOPER for non-payment and/or under payment of
stamp duty by the Purchaser.

39. Nothing contained in this Agreement shall be construed to confer

upon the Purchaser/s any right, title and interest of any kind
whatsoever into or over the SAID PROPERTY or the said Building
to be constructed thereon or in part thereof. The Purchaser shall have
 30

no claim save and except in respect of the said premises hereby agreed
to be sold to him and all open spaces, parking spaces, lobbies, stilt
cases, terraces, etc. will remain the property of the DEVELOPER
until the SAID PROPERTY and the said Building is transferred to
the Society/Limited as hereinbefore mentioned.

40. The transaction covered by this contract at present is understood to be

under Sale of service under GST Act, 2016. If however by reason of
any amendment to the Constitution or Enactment or Amendment of
any other law Central or State, this transaction is held to be eligible to
tax as a Sale or otherwise, either as whole or in part any inputs or
materials or equipment used or supplied in execution of or in
connection with this transaction are eligible to tax, the same shall be
payable by the Purchaser along with other flat purchasers or demand
at any time. In addition whatever taxes, duties, levies and cesslivable
by any authority or authorities concerned hereafter shall be paid and
cleared by the Purchaser proportionately.

41. Any delay tolerated or indulgence shown by the DEVELOPER in

enforcing the terms of this Agreement or any forbearance or giving of
time to the Purchaser by the DEVELOPER shall not be construed as a
waiver on part of the DEVELOPER of any breach or non-compliance
of any terms and conditions of this Agreement by the Purchaser, nor
shall the same in any manner prejudice the rights of the
DEVELOPER.

42. The Purchaser hereby agrees that in the event of any amount is
payable by way of premium or deposit to the Corporation or to the
State towards betterment charges or development charges or any other
tax or charges or payment of a similar nature becoming payable by the
DEVELOPER in respect of the said Building, the same shall be
reimbursed by the Purchaser to the DEVELOPER in proportion to the
area of the said premises agreed to be purchased by the Purchaser and
 31

in determining such amount the decision of the DEVELOPER shall be

conclusive and binding upon the Purchaser.

43. All costs, charges and expenses in connection with the formation of
the Society as well as the costs of preparing and engrossing the Lease
and/or Conveyance, stamp and registration charges thereof and all
other Agreements, Assignment Deeds, Transfer Deeds or any other
Document/s required to be executed by the DEVELOPER as well as
the entire professional costs of the Attorneys at Law of the
DEVELOPER in preparing and approving all such documents shall
be borne and paid by the Society or proportionately by all the
premises Purchasers in the said Building. The stamp and registration
charges and the entire professional costs of Advocate/Solicitor
incidental to this Agreement shall be borne and paid by the Purchaser.
The DEVELOPER shall not contribute anything towards such
expenses. The shares of such costs, charges and expenses payable by
the Purchaser shall paid by him immediately on demand.

44. THIS AGREMENT SHALL ALWAYS BE SUBJECT TO THE

PROVISIONS OF THE MAHARASHTRA OWNERSHIP
FLATS (REGULATIONOF THE PROMOTION OF
CONSTRUCTION SALE MANAGEMENT AND TRANSFER)
ACT, 1963 AND RULES MADE THEREUNDER.
 32

THE FIRST SCHEDULE “A” HEREINABOVE REFERRED TO

ALL THOSE piece and parcels of landed properties total
admeasuring 5908.15 Sq. Mt.Sq. Mt., which is explicitly mentioned below:
Sr.No. Survey No. Hissa No. Total Area as per Assessment
Area 7/12 Sq.mtr (Rs.)
H-R-P
1 109 1B 0-23-0 2400 2.44
0-01-0
2 105 2 0-30-4 3270 1.33
0-02-3
3 108 1B 2040 238.15 0.50
(part) (balance area)
TOTAL AREA 5908.15 Sq.Mtr.

All lying, being and situate at Kausa, Taluka & Dist. Thane, under the
territorial jurisdiction of Thane Municipal Corporation, Thane.

SCHEDULE “A-1”
ALLTHAT SAID PREMISES, bearing Flat /Shop No._____ on
________ Floor, in _______ wing lying, being and situate at KAUSA, in
BELLA MONTE, admeasuring ____ Sq. Meter (Carpet Area), Survey No.
109, Hissa No. 1B, Survey No. 105, Hissa No. 2 and Survey No. 108, Hissa
No. 1B (part), within the territorial limits and Registration District and Sub-
Registration District of Thane falling under the domain of Thane Municipal
Corporation, Thane and bounded as follows:
 33

IN WITNESS WHEREOF the parties hereto have set and subscribed

their respective hands to this writing the day and year hereinabove written.

SIGNED AND DELIVERED by }

the withinnamed – DEVELOPER - }
M/S. SHADAB ENTERPRISES }
Through its Proprietor }
MR. ABUBAKAR ALI MOHAMMAD ZARIWALA }
in the presence of ………………………….. }

1.

2.

SIGNED AND DELIVERED by }

the withinnamed – PURCHASER - }
Shri/Smt._____________________________; }
____________________________________ }
____________________________________ }
}
in the presence of ………………………… }

1.

2.
 34

RECEIPT
RECEIVED of and from the within named PURCHASER/S a sum
of Rs.____________ (Rupees ____________________________) in
Cash/by Cheque being the amount of part/full payment payable by the
Purchaser to us. Cheque No. _____________ dated __________ drawn on
_________________________________. (Subject to realization of Cheque.)

WITNESSES : I/WE SAY RECEIVED.

For M/S. SHADAB ENTERPRISES
1.

2.
(PRORIETOR)