Section 40 – Real Estate (Regulation and Development) Act, 2016

If any doubt arises, relating to interpretation of these rules, decision of the State Government shall be final.
FORM-A
[see rule 3(2)]
APPLICATION FOR REGISTRATION OF PROJECT
To
The Real Estate Regulatory Authority
Rajasthan, Jaipur
Sir,
I/We hereby apply for the grant of registration of my/our project to be set up at _________
Tehsil __________ District _________ State __________.
1. The requisite particulars are as under:-
(i) Status of the applicant, whether individual / company / proprietorship firm /
society/trust/ limited liability partnership / competent authority:
………………………………………..
(ii) (In case of individual)
(a) Name:
(b) Father’s Name:
(c) Occupation:
(d) Permanent address:
(e) Photograph:
(f) Contact details (Phone No., e-mail, Fax No.):
or
(In case of firm / society / trust / company / limited liability partnership / competent authority etc.)
(a) Name:
(b) Address:
(c) Copy of registration certificate as firm / society / trust / company / limited
liability partnership / competent authority etc:
(d) Main objects:
(e) Name, photograph and address of chairman/partner/director and authorised
person etc.:
(iii) PAN Number of the promoter: _________
(iv) Name and address of the bank or banker with which account in terms of sub-clause
(D) of clause (l) of sub-section (2) of section 4 of the Real Estate (Regulation and
Development) Act, 2016 will be maintained __________:
(v) Details of project land ____________:
(vi) Brief details of the projects launched by the promoter in the last five years, whether
already completed or being developed, as the case may be, including the current
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status of the said projects, any delay in its completion, details of cases pending
related to project land, details of type of land and payments pending etc.
__________________________________:
(vii) Agency to take up external development works ___________ Local Authority / Self
Development:
(viii) Registration fee by way of a demand draft/bankers cheque dated ________drawn on
_____________________ bearing number ______ for an amount of
Rs._______________/- calculated as per sub-rule (3) of rule 3 of the Rajasthan Real
Estate (Regulation and Development) Rules, 2017 or through online payment as the
case may be……….(give details of online payment such as transaction number,
date etc.):
(ix) Any other information the applicant may like to furnish.
2. I/we enclose the following documents in triplicate, namely:-
(i) authenticated copy of the PAN card of the promoter:
(ii) audited balance sheet of the promoter for the preceding financial year:
(iii) copy of the legal title deed reflecting the title of the promoter to the land on which
the real estate project is proposed to be developed along with legally valid
documents for chain of title with authentication of such title:
(iv) the details of encumbrances on the land on which development is proposed
including any rights, title, interest or name of any party in or over such land along
with details:
(v) where the promoter is not the owner of the land on which development is proposed
details of the consent of the owner of the land along with a copy of the collaboration
agreement, development agreement, joint development agreement or any other
agreement, as the case may be, duly executed, entered into between the promoter
and such owner and copies of title and other documents reflecting the title of such
owner on the land proposed to be developed:
(vi) an authenticated copy of the approvals and commencement certificate (wherever
required under local law) from the competent authority obtained in accordance with
the laws as may be applicable for the real estate project mentioned in the
application, and where the project is proposed to be developed in phases, an
authenticated copy of the approvals and commencement certificate (wherever
required under local law) from the competent authority for each of such phases:
(vii) the sanctioned plan, layout plan and specifications of the proposed project or the
phase thereof, and the whole project as sanctioned by the competent authority:
(viii) the plan of development works to be executed in the proposed project and the
proposed facilities to be provided thereof including fire-fighting facilities, drinking
water facilities (wherever applicable) emergency evacuation services, use of
renewable energy:
(ix) the location details of the project, with clear demarcation of land dedicated for the
project along with its boundaries including the latitude and longitude of the end
points of the project:
(x) proforma of the allotment letter, agreement for sale, and the conveyance deed
proposed to be executed with the allottees:
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(xi) the number, type and the carpet area of apartments for sale in the project along with
the area of the exclusive balcony or verandah areas and the exclusive open terrace
areas with the apartment, if any:
(xii) the number and areas of garage for sale in the project:
(xiii) the number of parking areas in each type of parking such as open, basement, stilt,
mechanical parking etc. available in the real estate project:
(xiv) the names and addresses of his real estate agents, if any, for the proposed project:
(xv) the names and addresses of the contractors, architect, structural engineer, if any and
other persons concerned with the development of the proposed project:
(xvi) a declaration in Form-B.
(Note: If any of the above items is not applicable write “N.A.” against the appropriate
items)
3. I/We enclose the following additional documents and information regarding ongoing
projects, as required under rule 4 of the Rajasthan Real Estate (Regulation and Development)
Rules, 2017 and other provisions of the Act, rules and regulations made thereunder, namely:-
(i)
(ii)
(iii)
…..
4. I/We solemnly affirm and declare that the particulars given in herein are correct to
my /our knowledge and belief.
Yours faithfully,
Signature and seal of the applicant(s)
Date:
Place:
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FORM-B
[see rule 3(4)]
DECLARATION
Affidavit cum Declaration of Mr./Ms. _________ promoter of the proposed project / duly
authorized by the promoter of the proposed project vide its/his/their authorization dated
______:
I, _________ Son/Daughter/Wife of _________ aged _________ R/o _________ promoter of the
proposed project / duly authorized by the promoter of the proposed project do hereby solemnly
declare, undertake and state as under:
1. That I / promoter have / has a legal title to the land on which the development of the project is
proposed
or
the land is owned by _________________who have/has a legal title to the land on which the
development of the proposed project is to be carried out and a legally valid authentication of
title of such land along with an authenticated copy of the agreement between such owner and
promoter for development of the real estate project or phase thereof, as the case may be, is
enclosed with application.
2. That the said land is free from all encumbrances.
or
That details of encumbrances ________________ including details of any rights, title, interest
or name of any party in or over such land, along with details.
3. That the time period within which the project or phase thereof, as the case may be, shall be
completed by promoter is _________.
4. That seventy per cent of the amounts realised by promoter for the real estate project from the
allottees, from time to time, shall be deposited in a separate account to be maintained in a
scheduled bank to cover the cost of construction and the land cost and shall be used only for that
purpose.
5. That the amounts from the separate account, to cover the cost of the project, shall be withdrawn
in proportion to the percentage of completion of the project.
6. That the amounts from the separate account shall be withdrawn only after it is certified by an
engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion
to the percentage of completion of the project.
7. That I / promoter shall get the accounts audited within six months after the end of every
financial year by a chartered accountant in practice, and shall produce a statement of accounts
duly certified and signed by such chartered accountant and it shall be verified during the audit
that the amounts collected for a particular project have been utilised for the project and the
withdrawal has been in compliance with the proportion to the percentage of completion of the
project.
8. That I /promoter shall take all the pending approvals on time, from the competent authorities.
9. That I /promoter have / has furnished such other documents as have been specified by the rules
and regulations made under the Real Estate (Regulation and Development) Act, 2016.
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10. That I /promoter shall not discriminate on the basis of caste, religion, region, language, sex or
marital status against any allottee at the time of allotment of any apartment, plot or building, as
the case may be, on any grounds.
Deponent
Verification
I _________ Son/Daughter/Wife of _________ aged _________ R/o _________ do hereby
verify that the contents in para No. 1 to 10 of my above Affidavit cum Declaration are true and
correct and nothing material has been concealed by me therefrom.
Verified by me at ________ on this ____ day of _______.
Deponent
FORM-C
[see rule 6(1)]
REGISTRATION CERTIFICATE OF PROJECT
This certificate of registration is hereby granted under section 5 of the Real Estate
(Regulation and Development) Act, 2016 to the following project:-
1. Project registration number: _______________ :
2. Details of Project: _______________________________________________________ (Specify
details of Project including the project address)
3. Details of promoter:
(in the case of an individual)
Mr./Ms. _______________________son/daughter/wife of Mr./Ms.———-
R/O_______________________________Tehsil_____________District_________State_______
______________;
or
(in the case of a firm / society / company / competent authority etc.)
Name of the firm/society/company/competent authority _______________ having its registered
office/principal place of business at _____________.
4. This registration is granted subject to the following conditions, namely:-
(i) The promoter shall enter into an agreement for sale with the allottees as provided in FormG;
(ii) The promoter shall execute and register a conveyance deed in favour of the allottee for the
apartment. Simultaneously he shall also execute and register the conveyance deed for the
undivided proportionate title in the common areas to the association of the allottees or the
competent authority, as the case may be, as per section 17 of the Real Estate (Regulation
and Development) Act, 2016;
(iii) The promoter shall deposit seventy percent of the amounts realised by the promoter in a
separate account to be maintained in a schedule bank to cover the cost of construction and
the land cost to be used only for that purpose as per sub-clause (D) of clause (l) of subsection (2) of section 4 of the Real Estate (Regulation and Development) Act, 2016;
(iv) The registration shall be valid for a period of ______ years commencing from
_____________and ending with ________________________unless extended by the Real
27
Estate Regulatory Authority in accordance with section 6 of the Real Estate (Regulation and
Development) Act, 2016 read with rule 7 of the Rajasthan Real Estate (Regulation and
Development) Rules, 2017;
(v) The promoter shall comply with the provisions of the Act and the rules and regulations
made thereunder;
(vi) The promoter shall not contravene the provisions of any other law for the time being in
force in the area where the project is being developed.
5. If the above mentioned conditions are not fulfilled by the promoter, the Authority may take
necessary action against the promoter including revoking the registration granted herein.
6. The Login Id and password for the purpose as provided under clause (a) of sub-section (1) or
sub-section (2) of section 5 of the Real Estate (Regulation and Development) Act, 2016, as the
case may be, is enclosed herewith.
Signature and seal
Date: Authorised Officer of the Real Estate Regulatory Authority
Place:
FORM-D
[see rule 6(2), rule 7(4), rule 8]
INTIMATION OF REJECTION OF APPLICATION FOR REGISTRATION OF PROJECT /
REJECTION OF APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT /
REVOCATION OF REGISTRATION OF PROJECT
From:
The Real Estate Regulatory Authority,
Rajasthan, Jaipur
To _______________________
_______________________
_______________________
Application/Registration No.: _______________
Dated: _______________
You are hereby informed that your application for registration of your project is rejected,
or
You are hereby informed that your application for extension of period of the registration of your
project is rejected,
or
You are hereby informed that the registration granted to your project is hereby revoked,
for the reasons-
———————————————————————————————————————–
—————————————————————–
Signature and seal
Authorized Officer of the Real Estate Regulatory Authority
Date :
Place :
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FORM-E
[see rule 7(1)]
APPLICATION FOR EXTENSION OF REGISTRATION OF PROJECT
From: _____________________
_______________________
_______________________
To
The Real Estate Regulatory Authority,
Rajasthan, Jaipur
Sir,
I/We hereby apply for renewal of registration certificate of the following project:
_____________________________________________________________
_____________________________________________________________
registered with the Authority vide Project Registration Certificate bearing No.________________,
which expires on___________________________.
As required I/we submit the following documents and information, namely:-
(i) A Demand Draft or bankers cheque No. _______________ dated _______________
drawn on _______________________ bank or proof of online payment
_______________for rupees ___________ in favour of the Authority for extension of
registration of Project as provided under sub-rule (2) of rule 7;
(ii) Authenticated Plan of the project showing the stage of development works undertaken
till date;
(iii) Explanatory note regarding the stage of development works in the project and reason for
not completing the development works in the project within the period declared in the
declaration submitted in Form-B at the time of making application for the registration
of the project _________________________________________;
(iv) Authenticated copy of the permission/approval from the competent authority which is
valid for a period which is longer than the proposed term of extension of the
registration sought from the Authority;
(v) The original project registration certificate; and
(vi) Any other information as may be specified by the regulations.
Yours faithfully,
Date:
Place: Signature and seal of the applicant(s)
FORM-F
[see rule 7(4)]
CERTIFICATE FOR EXTENSION OF REGISTRATION OF PROJECT
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This certificate of extension of registration is hereby granted under section 6 of the Real Estate
(Regulation and Development) Act, 2016, to the following project:
_____________________________________________________________
____________________________________________________________,
registered with the Authority vide project registration certificate bearing
No.___________________ of_________________.
1. (in the case of an individual)
Mr./Ms. _______________________________ son/daughter/wife of______________
Mr./Ms.____________________________Tehsil__________________District
____________State_____________________;
or
(in the case of a firm / society / company / competent authority etc.)
Name of firm / society / company / competent authority etc.)——————————- having
its registered office/principal place of business at ______________.
2. This extension of registration is granted subject to the following conditions, namely:-
(i) The promoter shall execute and register a conveyance deed in favour of the allottee or the
association of the allottees, as the case may be, of the apartment or the common areas as
per section 17;
(ii) The promoter shall deposit seventy percent of the amounts realised by him in a separate
account to be maintained in a schedule bank to cover the cost of construction and the land
cost to be used only for that purpose as per sub-clause (D) of clause (l) of sub-section (2)
of section 4;
(iii) The registration shall be extended by a period of ______ (days/weeks/months) and shall
be valid until_________ commencing from _____________and ending with
________________________unless further extended by the Real Estate Regulatory
Authority in accordance with section 6 of the Real Estate (Regulation and Development)
Act, 2016 read with rule 7 of the Rajasthan Real Estate (Regulation and Development)
Rules, 2017;
(iv) The promoter shall comply with the provisions of the Act and the rules and regulations
made thereunder;
(v) The promoter shall not contravene the provisions of any other law for the time being in
force in the area where the project is being developed;
(vi) If the above mentioned conditions are not fulfilled by the promoter, the Authority may
take necessary action against the promoter including revoking the registration granted
herein, as per the Act and the rules and regulations made thereunder.
Signature and seal
Authorized Officer of the Real Estate Regulatory Authority
Date :
Place :
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FORM-G
[see rule 9]
Agreement for Sale
This Agreement for Sale, hereinafter referred to as the Agreement, is executed on this ………..
day of …………. Two thousand and …………….at ……..…………………
By and Between
[if the promoter is a company]
M/s ……………………………(CIN No. …..……) a company incorporated under the
provisions of the Companies Act, 1956/ 2013 and having its registered office at
……………………………………. and its corporate office at
…………………………………………………..and its PAN is…………, represented by its
auothorised signatory……………..(Aadhar No. ………….) authorised vide board resolution
dated ………hereinafter referred to as the “Promoter” (which expression shall, unless it be
repugnant to the context or meaning thereof be deemed to mean and include, its assignees,
legal successor(s) in interest) of the ONE PART.
OR
[if the promoter is a partnership firm]
M/s ………………………………………….. a partnership firm, duly registered and existing
under the provisions of the Indian Partnership Act, 1932, having its principle place of business
at ……………………………………and its PAN is………… represented by its auothorised
partner……….…………..(Aadhar No. ………….) duly authorized vide authority letter dated
………………………… passed and signed by all the partners constituting the firm, (Copy
enclosed) (hereinafter referred to as the “Promoter”), which expression shall, unless repugnant
to the context or meaning thereof be deemed to mean and include their legal successor(s),
administrators, executors successors & permitted assignees including those of the respective
partners of the ONE PART.
OR
[if the promoter is an individual]
Mr./Mrs./Ms…………………………………. (Aadhar No……….) son/daughter/wife of Mr.
……………………………………… aged about …….. years,
R/o………………………………………..its PAN is………… (hereinafter singly/ jointly, as
the case may be, referred to as the “Promoter”, which expression shall, unless repugnant to the
context or meaning thereof be deemed to mean and include his/her legal successor(s),
administrators, executors successors & permitted assignees) of the ONE PART.
Affix Color
photograph
of Allottee/
First Allottee
with
signature
across the
photograph
Affix Color
photograph
of the
authorized
signatory of
Promoter
with
signature
across the
photograph
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AND
[if the allottee is an individual]
Mr./Mrs./Ms…………………. son/daughter/wife of Mr. …………………………… aged
about …….. years, R/o………………………………………… (Aadhar No. ………….) (PAN
…………) (hereinafter singly/ jointly, as the case may be, referred to as the “Allottee(s)”,
which expression shall, unless repugnant to the context or meaning thereof be deemed to mean
and include their legal successor(s), administrators, executors successors & permitted
assignees) of the OTHER PART.
OR
[if the allottee is a partnership firm]
M/s ……………………………………….. a partnership firm, duly registered and existing
under the provisions of the Indian Partnership Act, 1932, having its principle place of business
at ……………………………………(PAN-…………) through the partner
Mr./Ms.………………………………………(Aadhar No……) duly authorized vide authority
letter dated ………………………… passed and signed by all the partners constituting the firm,
(Copy enclosed) (hereinafter referred to as the “Allottee(s)”, which expression shall, unless
repugnant to the context or meaning thereof be deemed to mean and include their legal
successor(s), administrators, executors successors & permitted assignees including those of the
respective partners) of the OTHER PART.
OR
[if the allottee is a company]
M/s……………………………………………………(CIN No…………) a Company
incorporated under the provisions of the Companies Act, 1956 / 2013 having the registered
office at ………………………………………..and its PAN is………… through Mr.
……………………………(Aadhar No……..), its authorized signatory who has been duly
empowered vide Board Resolution dated ……………… (hereinafter jointly and severally, as
the case may be, being the allottee(s) of the Unit hereinafter, referred to as the “Allottee(s)”,
which expression shall, unless repugnant to the context or meaning thereof be deemed to mean
and include their legal successor(s), administrators, executors successors & permitted
assignees) of the OTHER PART.
or
[if the allottee is HUF]
Mr./Ms. ……………………………(Aadhar No……………………) son/daughter/wife
of………………….. aged about…….. years for self and as the Karta of the HUF, having its
place of business/ residence at…………………………….(PAN-…………) (hereinafter
referred to as, “Allottee(s)”, which expression shall, unless repugnant to the context or meaning
thereof be deemed to mean and include him and each of the members constituting the HUF
their Heirs, administrators, executors, successors & permitted assignees) of the OTHER PART.
(Details of other allottees to be inserted, in case of more than one allottee)
The Promoter and the Allottee(s) shall hereinafter be collectively referred to as “Parties” and
individually as a “Party”.
INTERPRETATIONS/ DEFINITIONS:
(1) In this Agreement, the following expressions unless repugnant to the context shall have
the meaning assigned thereto –
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(a) “Act” means the Real Estate (Regulation and Development) Act, 2016;
(b) “Built-up area” means the sum of area of the Apartment or Flat. It shall include area
encompassed within the walls of Apartment or Flat, all balconies, whether covered or
un-covered, and thickness of wall. In case there be a common wall only 50% of
thickness of such wall shall be taken in consideration for calculating the built-up area;
(c) “Interest” means the interest payable at the rate specified in rule 17 of the rules;
(d) “Para” means a Para of this Agreement;
(e) “Maintenance Society” shall mean the society, association or body, by whatever name
called, that may be formed under clause (e) of sub-section (4) of section 11 of the Act;
(f) “Regulation” means the Regulation made under the Act;
(g) “Rules” means the Rajasthan Real Estate (Regulation and Development) Rules, 2017;
(h) “Schedule” means the Schedule attached to this Agreement; and
(i) “Section” means the section of the Act.
(2) The words and expressions used herein but not defined in this Agreement and defined in
the Act or in the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) or in the
Rajasthan Municipalities Act, 2009 (Act No 18 of 2009) or any other law for the time being in
force shall have the same meanings respectively assigned to them in those laws.
WHEREAS THE PROMOTER DECLARES THAT,-
A.the Promoter is in lawful possession of the land khasara No. …….. of revenue village
………situated in ……….., Tehsil……. /City……………District ……………. with a
total area admeasuring of …………. square meters (hereinafter referred to as ‘Land’ and
more fully described in the Schedule-I).
B.the Promoter has a legal title to the Land with legally valid documents and is lawful
owner of the land. The Land was purchased by the Promoter from ………………… or
from ……………… Development Authority/ Urban Improvement Trust/ Municipal
Corporation/ Council / Board ………………….. in auction, as stated in the Conveyance
deed/ Lease-deed dated …………….. , registered on …………….. in the office of SubRegistrar …………… in its Book No. ………… Volume No. ……… at Page No……….
bearing Serial No. ….. and an additional copy of the same was also pasted in its
additional Book No. …… Volume No. ……. at Page No. ……….
OR
the owner of the Land is Mr./Mrs./M/s………………….. son/daughter/wife of
……………………………… R/o…………………………………………………… The
Land was purchased by such owner from ………………… or from ………………
Development Authority/ Urban Improvement Trust/ Municipal Corporation/ Council /
Board ………………….. in auction, as stated in the Conveyance deed/ Lease-deed dated
…………….. , registered on …………….. in the office of Sub- Registrar …………… in
its Book No. ………… Volume No. ……… at Page No………. bearing Serial No. …..
and an additional copy of the same was also pasted in its additional Book No. ……
Volume No. ……. at Page No. ……. the consent of such owner of the Land has been
taken and as such a collaboration agreement/development agreement /joint development
agreement has been entered into between the Promoter and the aforesaid owner of the
Land for developing the Project and such agreement has been registered on ……………..
in the office of Sub- Registrar …………… in its Book No. ………… Volume No.
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……… at Page No………. bearing Serial No. ….. and an additional copy of the same
was also pasted in its additional Book No. …… Volume No. ……. at Page No. ……..
C.the said land is earmarked for the purpose of ………………..[commercial/residential/any
other purpose] project, comprising …….multistoried apartment buildings and [insert any
other components of the Projects] and the said project shall be known as ……………….’
(“Project”)
OR
the said land is earmarked for the purpose of plotted development of a
[commercial/residential/any other purpose] project, comprising ……..…….plots and
[insert any other components of the Projects] and the said project shall be known as
………..…….’ (“Project”)
Provided that where land is earmarked for any institutional development the
same shall be used for those purposes only and no commercial/residential development
shall be permitted unless it is a part of the plan approved by the competent authority;
D.the Promoter is fully competent to enter into this Agreement and all the legal formalities
with respect to the right, title and interest of the Promoter regarding the said land on
which Project is to be constructed have been completed.
E. the ……………..[Please insert the name of the concerned competent authority] has granted the
commencement certificate to develop the Project vide its approval number ………..dated
…….;
F. the Land is free from all encumbrances.
OR
the details of the encumbrances on the Land including any rights, title, interest or name of
any party in or over the Land along with details are as under :-
……………………………………………………………………
……………………………………………………………………
……………………………………………………………………
G.the Promoter has conceived, planned and is in the process of constructing and developing
a real estate project known as ‘………………………….’ , (hereinafter referred to as the
‘Project’) after getting necessary permissions/ approvals from the concerned competent
authorities and which inter-alia comprising of apartments/ plots/ buildings and includes
the common areas, the development works, all improvements and structures thereon, and
all easements, rights and appurtenances belonging thereto, on a piece and parcel of Land
admeasuring ……….. square meters situated at ………………………. and latitude &
longitude of the end points of the Project are ……………. respectively. The location
details are fully described in the Schedule-I.
H.the Project has been registered with the Real Estate Regulatory Authority on
…………(date) and the Project Registration Certificate No. is ………………. . This
registration is valid for a period of………. years commencing from…….. and ending
34
with……… unless extended by the Authority. The details of the Promoter and Project
are also available in the website (www……………….) of the Authority.
I. the layout plan/ site plan of the Project (……… Phase / whole Project) has been
sanctioned vide No.….. dt……………… by the ……………………………. (competent
authority), and copy of which is enclosed as Schedule-2.
J. approval of specifications of the Project and permission of building construction
upto……………….meters height (……..floor) under the relevant legal provisions has
been accorded vide No……………… date……………… by the
………………………….. (competent authority). The specifications of the Project are as
under :-
……………………………………………………………………………………………
……………………………………………
……………………………………………………………………………………………
……………………………………………
The Promoter agrees and undertakes that it shall not make any changes to these approved
plans except in strict compliance with section 14 of the Act and other laws as applicable;
K.the details of Floor plan of the Apartment No……… and for tower/ block of the Project
is given in Schedule-3.
L. the details of plan of development works to be executed in the proposed Project and the
proposed facilities to be provided thereof including fire-fighting facilities, drinking water
facilities, emergency evacuation services, use of renewable energy etc., as provided
under clause (e) of sub-section (2) of section 4, are as under :-
………..……………………………………………………………………………………
……………………………………….
..……………………………………………………………………………………………
…………………………………………
M. the details of salient features of the proposed Project including access to the project,
design for electric supply including street lighting, water supply arrangements and site
for disposal and treatment of storm and sullage water, any other facilities and amenities
or public health services and other internal development works proposed to be provided
in the Project are as under :-
……………………………………………………………………………………………
…………………………………………..
……………………………………………………………………………………………
………………………………………..….
N.the details of other external development works to be taken for the Project are as under :-
……………………………………………………………………………………………
……………………………………………
……………………………………………………………………………………………
…………………………………………
O.the details of specifications of material used in construction are as under :-
35
……………………………………………………………………………………………
………………………………………
……………………………………………………………………………………………
………………………………………
P. the stage wise time-schedule of completion of the Project/ Phase thereof including the
provisions of civic infrastructure like water, electricity, sanitation and all other abovementioned internal/external development works is as under:-
Stage Date by which the works are
proposed to be completed
Details of works to be
completed
Q.temporary fire NOC for the Project has been accorded by the…………………vide
No…………. dated……………….
(Applicable only in case such NOC is required under local law)
R.the Airport Authority of India has also granted NOC for height clearance for the Project
vide No…………… date………….
(Applicable only in case such NOC is required under local law)
S. Environmental Clearance from the department concerned has been obtained or the
Project.
(Applicable only in case such clearance is required under local law)
T. Public Health & Engineering Department has also given NOC for developing the Project
(Applicable only in case such NOC is required under local law)
U.the Promoter has opened a separate account in Branch ………………….of…………………..
Bank for the purpose as provided in sub-clause (D) of clause (l) of sub-section (2) of
section 4.
V.the Allottee(s), being aware of the Project and details given in the advertisements about
the Project made by the Promoter and/or on visiting the model of the Apartment/
Building, has applied for allotment and to purchase a Plot / Apartment/Building
(hereinafter referred to as the ‘Unit’) in the Project vide his/her/their/its application
dated………………. The allottee(s) has also deposited a sum of Rs………… (in words
Rupees……………….) as an advance payment/ booking amount including application
fee (not being more than 10% of the cost of the apartment/plot as provided in sub-section
(1) of section 13) and agrees to make timely and complete payments of the remaining
sale price as well as other dues under this Agreement as per terms and conditions of this
Agreement.
W. the Alottee has applied for an apartment in the Project vide application no. ….. dated
…….. and has been allotted apartment no. ….. having carpet area of …….. square feet,
type ……, on …. floor in [tower/block/building] no. ……. (“Building”) along with
garage/covered parking no. ……. admeasuring …… square feet in the ………. [Please insert
the location of the garage/covered parking], as permissible under the applicable law and of pro rata
share in the common areas as defied under clause (n) of section 2 of the Act (hereinafter
referred to as the “Apartment” more particularly described in Schedule-4 and the floor
plan of the apartment is annexed hereto and marked as Schedule-3.
36
Note: Garage includes covered car parking/basement car parking/stilt car parking.
or
the Alottee has applied for a plot in the Project vide application no. ….. dated …….. and
has been allotted plot no. ….. having area of …….. square feet and plot for
garage/covered parking no. ……. admeasuring …… square feet (if applicable) in the
………. [Please insert the location of the garage/covered parking], as permissible under the applicable law
and of pro-rata share in the common areas as defied under clause (n) of section 2 of the
Act, hereinafter referred to as the “Plot”, more particularly described in Schedule-4;
X. The Parties have gone through all the terms & conditions set out in this Agreement and
understood the mutual rights and obligations detailed herein. The Parties hereby confirm
that they are signing this Agreement with full knowledge of the all laws, rules,
regulations, notifications etc. applicable to the Project.
Y. 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;
Z. In accordance with the terms and conditions set out in this Agreement and as mutually
agreed upon by and between the Parties, the Promoter hereby agrees to sell and the
Allottee hereby agrees to purchase the [Apartment/Plot] and the garage/covered parking
(if applicable) as specified in para V.
NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO
MUTUALLY AGREE ON FOLLOWING TERMS AND CONDITIONS, NAMELY:-
1. TERMS :
1.1 Subject to the terms & conditions as detailed in this Agreement, the Promoter hereby
agrees to sell to the Allottee(s) and the Allottee(s) hereby agrees to purchase and
receive the Apartment / Plot as specified in para ‘W’
1.2 The Total Price for the Apartment/ Plot based on the carpet area is Rs. …………… (in
words Rupees…………………………… only) (“Total Price”) (Give break-up and
description):-
Block/ Building/ Tower
no.…….. Apartment no. …
Type………
Floor……..
Rate of Apartment per
square feet*
Total Price (in Rupees) ——————
* Provide break-up of the amounts such as cost of apartment, proportionate cost of
common areas, preferential location charges, cost of exclusive balcony or verandah
areas, cost of exclusive open terrace areas, taxes, maintenance charges, as per Terms
No. 11 etc., if/ as applicable.
and (if/as applicable)
37
Garage/ covered parking-1 Price for 1 (in Rs.)
Garage/ covered parking-2 Price for 2(in Rs.)
Total price (in Rupees) ——————
OR
and (if/as applicable)
Plot No. ………………
Type ………………….
Location ……………..
Rate of Plot per square feet*
Total price (in Rupees) ——————
* Provide break-up of the amounts such as cost of plot, proportionate cost of common
areas, , taxes, maintenance charges as per Terms No. 11 etc., if/ as applicable.
and (if/as applicable)
Garage/ covered parking-1 Price for 1 (in Rs.)
Garage/ covered parking-2 Price for 2(in Rs.)
Total price (in Rupees) ——————
Explanation :
(i) The Total Price above includes the booking amounts of Rs……………..
(Rupees……………………) paid by the allottee to the Promoter towards the Apartment / Plot as
mentioned in Para ‘W’.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by
way of Value Added Tax, Service Tax and Cess or any other similar taxes which may be
levied, in connection with the construction of the Project payable by the Promoter, by
whatever name called) upto the date of the handing over the possession of the Apartment//
Plot to the allottee and the Project to the Maintenance Society or the competent authority, as
the case may be, after obtaining the completion certificate:
Provided that in case there is any change/ modification in the taxes, the subsequent
amount payable by the Allottee(s) to the Promoter shall be increased/ reduced based on such
change/ modification:
Provided further that if there is any increase in the taxes after the expiry of the schedule
date of completion of the Project as per registration with the Authority, which shall include
the extension of registration, if any, granted to the said Project by the Authority, as per the
Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate to the Allottee(s), the amount payable as stated in (i)
above and the Allottee(s) shall make payment demanded by the Promoter within the time and
38
in the manner specified therein. In addition, the Promoter shall provide to the Allottee(s) the
details of the taxes paid or demanded along with the Acts/rules/notifications together with
dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment/ Plot includes price of land, construction of, not only the
Apartment but also, the common areas, internal development charges, external development
charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift,
water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection
and firefighting equipment in the common areas, maintenance charges as per Terms No.11
etc. and includes cost for providing all other facilities, amenities and specification to be
provided within the Apartment/ Plot and the Project.
1.3 The Total Price is escalation free, save and except increases which the Allottee(s) hereby
agrees to pay, 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, from time to time. The Promoter undertakes and agrees that while
raising a demand on the Allottee(s) for increase in development charges, cost/charges
imposed by the competent authorities, the Promoter shall enclose the said notification/ order/
rules/ regulations to that effect along with the demand letter being issued to the Allottee(s),
which shall only be applicable on subsequent payments:
Provided that if there is any new imposition or increase of any development charges
after the expiry of the scheduled date of completion of the project as per registration with the
Authority, which shall include the extension of registration, if any, granted to the said project
by the Authority, as per the Act, the same shall not be charged from the Allottee.
1.4 As mentioned in para ‘V’ above, the Promoter has already received an advance/ booking
amount from the Allottee(s) a sum of Rs. ……/- (Rupees ……………. only) (not being more
than 10% of the total cost of the Unit as provided in sub-section (1) of section 13) out of the
total price of Rs…………….. and the Allottees(s) agrees and undertakes to pay the balance
amount of Rs.……………….. of the total price strictly in accordance with the payment plan
given below :-
Stage of
development
works &
completion of the
Unit (with details
of works)
Percentage of the
Total Price as
calculated under
Term & Condition
No. 1.2
Installment
Amount in
Rs.
Period within
which the
installment
amount is to be
paid by the
Allottee
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments
payable by the Allottee(s) by discounting 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(s) by the Promoter.
1.6 It is agreed that the Promoter shall not make any addition and alteration in the sanctioned
plans, layout plans and specifications and the nature of fixtures, fittings and amenities
39
described herein at Schedule ‘5’ and Schedule ‘6’ (which shall be in conformity with the
advertisement, prospectus etc., on the basis of which sale is effected) in respect of the
Apartment/ Plot without the previous written consent of the Allottee(s) as per the provisions of
the Act:
Provided that the Promoter may make such minor additions or alterations as may be
required by the Allottee(s), or such minor changes or alterations as per the provisions of the
Act.
1.7 (Applicable in case of Apartment) The Promoter shall confirm to the final carpet areas that has
been allotted the Allottee after in construction of the building is complete and the occupancy
certificate the granted by the competent authority, by furnishing details of the charges, if any
in the carpet area. The Total Price payable for the carpet area shall be recalculated upon
confirmation by the Promoter. If the there is reduction in the carpet area than the Promoter
shall refund the excess money paid by Allottee within 45 days with interest from the date
when such an excess amount was paid by the Allottee. If there is any increase in the carpet
area, which is not more than three percent of the carpet area of the Apartment, allotted to the
Allottee, the Promoter may demand that from the Allottee as per the next milestone of the
Payment Plan as provided in this Agreement. All these monetary adjustments shall be made at
the same rate per square feet as agreed in Term No.1.2 above.
1.8 Subject to Term No. 9.3 the Promoter agreed and acknowledges, the Allottee shall have the
right to the Apartment/ Plot as mentioned below:
(i) The Allottee(s) shall have exclusive ownership of the Apartment/ Plot;
(ii) The Allottee(s) shall also have undivided proportionate ownership and share in the
common areas. Since the share/ interest of Allottee(s) in the common areas is indivisible
and cannot be divided or separated, the Allottee(s) shall use the common areas, along
with other occupants and maintenance staff etc., without causing any inconvenience or
hindrance to them. It is clarified that the Promoter shall handover the common areas to
the Maintenance Society after duly obtaining the completion certificate from the
competent authority as provided in the Act;
(iii) That the computation of the price of the Apartment/ Plot includes recovery of price of
land, construction of, not only the Apartment but also, the common areas, internal
development charges, external development charges, taxes, cost of providing electric
wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing
with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in
the common areas, maintenance charges as per Term No.11 etc. and includes cost for
providing all other facilities, amenities and specification to be provided within the
Apartment/ Plot and the Project;
(iv) The Allottee has the right to visit the Project site to assess the extent of development of
the Project and his Apartment/ Plot.
1.9 It is made clear by the Promoter and the Allottee agrees that the Apartment/ Plot along with —
———- garage/ covered parking shall be treated as a single indivisible unit for all purposes. It
is agreed that the Project is an independent , self-contained Project covering the said Land and
is not a part of any other project or zone and shall not form a part of and/or linked/ combined
with any other project in its vicinity or otherwise accept for the purpose of integration of
infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and amenities
shall be available only for use and enjoyment of the Allottee(s) of the Project.
40
1.10 The Promoter agrees to pay all outgoings/ dues before transferring the physical possession of
the Apartment to the Allottee(s) which it has collected from the Allottee(s), for the payment of
outgoings/dues (including land cost, ground rent, municipal or other local taxes, charges for
water or electricity, maintenance charges, including mortgage loan and interest on mortgages
or other encumbrances and such other liabilities payable to competent authorities, banks and
financial institutions, which are related to the Project). If the Promoter fails to pay all or any of
the outgoings/ dues collected by it from the Allottee(s) or any liability, mortgage loan and
interest thereon before transferring the Apartment to the Allottee(s), the Promoter agrees to be
liable, even after the transfer of the property, to pay such outgoings/ dues and penal charges, if
any, to the authority or person to whom they are payable and be liable for the cost of any legal
proceedings which may be taken therefore by such authority or person.
1.11 The Allottee has paid a some of Rs.———— (Rupees———- only) as booking amount being
part payment towards the Total Price of the Apartment/ Plot at the time of application the
receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the
remaining price of the Apartment/ Plot as prescribed in the payment plan at Term No.1.4
above as may be demanded by the Promoter within the time and manner specified therein.
Provided that if the Allottee(s) delays in payment towards any amount which is payable,
he shall be liable to pay interest at the rate prescribed in the Rules. The obligations of the
Allottee(s) to pay the amount and the liability towards interest as aforesaid may be reduced
when mutually agreed to between the Promoter and the Allottee(s).
2. MODE OF PAYMENT:
Subject to the terms of the agreement and the Promoter abiding by the construction
milestones, the Aloottee shall make all payments, on written demand by the Promoter, within
the stipulated time as mentioned in the payment plan at Term No. 1.4 above through account
payee cheque/ demand draft/ banker’s cheque or online payment (as applicable) in favor of —-
—————————— payable at ———- .
3. COMPLIANCE OF LAWS RELATING TO REMITTANCES:
3.1 The Allottee, if residence outside India, shall be solely responsible for complying with the
necessary formalities as laid down in Foreign Exchange Management Act,1999 (‘FEMA’),
Reserve Bank of India Act, 1934 (‘RBI’ Act) and the Rules and Regulation made thereunder or
any statutory amendments or modifications made thereof and all others applicable laws
including that of remittance of payment, acquisition/ sale/ transfer of immovable properties in
India etc. and provide the Promoter with such permission, approval which would enable the
Promoter to fulfill its obligations under this Agreement. Any refund, transfer of security, if
provided in terms of the Agreement shall be made in accordance with the provisions of FEMA
or statutory enactments or amendments thereof and the Rules and Regulation of the Reserve
Bank of India or any other applicable law. The Allottee understands and agrees that in the
event of any failure on his/ her part 2 comply with the applicable guidelines issued by the
Reserve Bank of India, he/ she may be liable for any action under FEMA or other laws as
applicable, as amended from time to time.
3.2 The Promoter accepts no responsibility in regard to matters specified in Term 3.1 above. The
Allottee shall keep the Promoter fully indemnified and harmless in this regards. Whenever
there is any change in the residential status of the Allottee subsequent to the signing of this
Agreement, it shall be the solve responsibility of the Allottee to intimate the same in writing to
the Promoters immediately and comply with necessary formalities if any, under the applicable
41
laws. The Promoter shall not be responsible towards any third party making
payment/remittances on behalf of Allottee and such third party shall not have any right in the
application/allotment of the said Apartment/ Plot apply for herein in any way and the
Promoter shall be issuing the payment receipts in favor of the Allottee only.
4. ADJUSTEMENT/ APPROPRIATION OF PAYMENTS:
The Allottee authorized the Promoter to adjust/ appropriate all payments made by him/
her under any head of dues against lawfull outstanding of the Allottee against the
Apartment/Plot, if any, in his/ her name and the Allottee undertakes not to object/ demand/
direct the Promoter to adjust his payments in any manner.
5. TIME IS ESSENCE :
The Promoter shall abide by the time schedule for completing the Project as disclosed at
the time of registration of the Project with the Authority and towards handing over the
Apartment/ Plot to the Allottee and the common areas to the Maintenance Society or the
competent authority, as the case may be.
6. CONSTRUCTION OF THE PROJECT:
The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the
Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and
facilities annexed along with this Agreement which has been approved by the competent
authority, as represented by the Promoter. The Promoter shall develop the Project in
accordance with the said layout plans, floor plans and specifications, amenities and facilities.
Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans
approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and
density norms and provisions prescribed by the relevant building bye-laws and shall not have
an option to make any variation/ alteration/ modification in such plans, other than in the
manner provided under the Act, and breach of this term by the Promoter shall constitute a
material breach of this Agreement.
7. POSSESSION OF THE APARTMENT / PLOT:
7.1 Schedule for possession of the said Apartment of Plot – The Promoter agrees and
understands that timely delivery of possession of the Apartment/ Plot to the Allottee and the
common areas to the Maintenance Society or the competent authority, as the case may be, is
the essence of the Agreement. The Promoter assures to handover possession of the Apartment/
Plot along with ready and complete common areas with all specifications, amenities and
facilities of the Project in place on———————— , unless there is delay or failure due to
war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting
the regular development of the real estate project (“Force Majeure”). If, however, the
completion of Project is delayed due to the Force Majeure conditions then the Allottee agrees
that the Promoter shall be entitled to the extension of time for delivery of possession of the
Apartment/ Plot, provided that such Force Majeure conditions are not of a nature which make
it impossible for the contract to be implemented. The Allottee(s) 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 Allottee(s) the entire amount received by the Promoter from the Allottee with interest
within forty-five days from that date. The Promoter shall intimate the Allottee about such
termination at least thirty days prior to such termination. After refund of the money paid by
the Allottee, the Allottee agreed that he/ she shall not have any rights, claims etc. against the
42
Promoter and the Promoter shall be released and discharged from all its obligations and
liabilities under this Agreement.
7.2 Procedure for taking possession- The Promoter, upon obtaining the occupancy certificate
from the competent authority shall offer in writing the possession of the Apartment/ Plot, to
the Allottee(s) in terms of this Agreement to be taken within 2 (two) months from the date of
issue of occupancy certificate. Provided that, in the absence of local law, the conveyance deed
in favor of the Allottee shall be carried out by the Promoter within three months from the date
of issue of occupancy certificate. The Promoter agrees and undertakes to indemnify the
Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation
on part of the Promoter. The Allottee(s), after taking possession, agree(s) to pay the
maintenance charges as determined by the Promoter/ Maintenance Society, as the case may
be, after the issuance of completion certificate for the Project. The Promoter shall handover
the occupancy certificate of the Apartment/ Plot, as the case may be, to the Allottee at the
time of conveyance of the same.
7.3 Failure of Allottee to take possession of Apartment/ Plot- Upon receiving a written
intimation from the Promoter as per Term No. 7.2 above, the Allottee(s) shall take possession
of the Apartment/ Plot 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 Apartment/ Plot to the Allottee(s). In case the Allottee(s) fails to take
possession within the time provided as per Term No. 7.2 above, such Allottee shall continue to
be liable to pay maintenance charges as specified under Term No. 7.2 above.
7.4 Possession of the Allottee- After obtaining the occupancy certificate and handing over
physical possession of the Apartment/ Plot to the Allottee, it shall be the responsibility of the
Promoter to handover the necessary documents and plan, including common areas to the
Maintenance Society or the competent authority, as the case may be, as per the local laws:
Provided that, in the absence of any local law, the Promoter shall handover the
necessary documents and plans, including common areas, to the Maintenance Society or the
competent authority, as the case may be, within thirty days after obtaining the completion
certificate.
7.5 Cancellation by Allottee- The Allottee(s) shall have the right to cancel/withdraw his
allotment in the Project as provided in the Act:
Provided that where the Allottee(s) proposes to cancel/withdraw from the Project without
any fault of the Promoter, the Promoter herein is entitled to forfeit the booking amount paid
for the allotment. The balance amount of money paid by the Allottee(s) shall be returned by
the Promoter to the Allottee(s) within forty-five days of such cancellation.
7.6 Compensation – The Promoter shall compensate the Allottee in case of any loss, caused to
him due to defective title of the land, on which the Project is being developed or has been
developed, in the manner as provided under the Act and the claim for the interest and
compensation under this provision shall not be barred by limitation provided under any law
for the time being in force.
Except for occurrence of a Force Majeure event, if the Promoter fails to complete or is
unable to give possession of the said Apartment/ Plot (i) in accordance with the terms of this
Agreement, duly completed by the day specified in Term No. 7.1 above; or (ii) due to
discontinuance of his business as a developer on account of suspension or revocation or expiry
of the registration under the provisions of the Act; or for any other reason; the Promoter shall
43
be liable, on demand to the Allottee, in case the Allottee wishes to withdraw from the Project,
without prejudice to any other remedy available, to return the total amount received by him in
respect of the Apartment/ Plot, with interest including compensation in the manner as
provided under the Act within forty-five days of it becoming due:
Provided that where if the Alloottee does not intent to withdraw from the Project the
Promoter shall pay the Allottee interest for every month of dealy, till the handing over of the
possession of the Apartment/ Plot, which shall be paid by the Promoter to the Allottee within
forty-five days of it becoming due.
8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER :
The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and the
requisite rights to carry out development upon the said Land and absolute, actual, physical and
legal possession of the said Land for the Project;
(In case the Promoter is not owner of the Land, give details of collaboration with such owner)
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry
out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
(In case there are any encumbrances provide details of such encumbrances including any rights, title, interest and name of party in or
over such land)
(iv) There are no litigations pending before any Court of law or Authority with respect to the said
Land, Project or the Unit;
(In case litigation, give details)
(v) All approvals, licenses and permits issued by the competent authorities with respect to the
Project, said Land and Unit are valid and subsisting and have been obtained by following due
process of law. Further, the Promoter has been and shall, at all times, remain to be in
compliance with all applicable laws in relation to the Project, Unit 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 Allottee(s) 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 said Land,
including the Project and the said Unit which will, in any manner, affect the rights of
Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from
selling the said Unit to the Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant,
peaceful, physical possession of the Unit to the Allottee(s) and the common areas to the
Maintenance Society;
(x) The Schedule Property is not the subject matters of any HUF and that no part thereof is owned
by any minor and /or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues,
rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or
44
penalties and other outgoings, whatsoever, payable with respect to the said Project to the
competent authorities till the completion certificate has been issued and possession of the
Apartment/ Plot along with common areas (equipped with all the specifications, amenities and
facilities) has been handed over to the Allottee and the Maintenance Society or the competent
authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative
enactment, government order, notification (including any notice for acquisition or requisition
of the said property) has been received by or served upon the Promoter in respect of the said
Land and/or the Project.
9. EVENTS OF DEFAULTS AND CONSEQUENCES :
9.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of
default, in the following events, namely:-
(i) The Promoter fails to provide ready to move in possession of the Apartment /Flat to the
Allottee(s) within the time period specified in Term No. 7.1 above in this Agreement or
fails to complete the Project within the stipulated time disclosed at the time of registration
of the Project with the Authority. For the purpose of this clause, ‘ready to move in
possession’ shall mean that the Apartment or Flat shall be in a habitable condition which is
complete in all respects including the provision of all specifications, amenities and
facilities, as agreed to between the parties, and for which occupation certificate and
completion certificate, as the case may be, has been issued by the competent authority;
(ii) Discontinuance of the Promoter’s business as a developer on account of suspension or
revocation or expiry of his registration under the provisions of the Act or the rules or
regulations made thereunder.
9.2 In case of default by the Promoter under the conditions listed above, Allottee(s) is entitled to
the following:-
(i) Stop making further payments to the Promoter as demanded by the Promoter. If the
Allottee(s) stops making payments, the Promoter shall correct the situation by completing the
construction/ development milestones and only thereafter the Allottee(s) be required to make
the next payment without any interest; or
(ii) The Allottee(s) shall have the option of terminating the Agreement in which case the
Promoter shall be liable to refund the entire money paid by the Allottee(s) under any head
whatsoever towards the purchase of the Apartment, along with interest within forty-five days
of receiving the termination notice:
Provided that where an Allottee(s) does not intend to withdraw from the Project or
terminate the Agreement, he shall be paid, by the Promoter, interest for the period of delay till
the handing over of the possession of the Apartment/ Plot, which shall be paid by the
Promoter to the Allottee within forty-five days of it becoming due.
9.3 The Allottee(s) shall be considered under a condition of default, on the occurrence of the
following events:
(i) In case the Allottee(s) fails to make payments for ————– consecutive demands made by
the Promoter as per the payment plan stated above, despite having been issued notice in that
regard, the Allottee(s) shall be liable to pay interest to the Promoter on the unpaid amount.
(ii) In case of default by Aloottee under the conditions listed above continues for a period beyond
—————— consecutive months after notice from the Promoter in this regard, the
45
Promoter may cancel the allotment of the Apartment/ Plot in favour of the Allottee(s) and
refund the money paid to him by the Allottee(s) by deducting the booking amount and the
interest liabilities and this Agreement shall thereupon stand terminated :
Provided that the Promoter shall intimate the Allottee about such termination at
least thirty days prior to such termination.
10. CONVEYANCE OF THE SAID APARTMENT/ POLT :
The Promoter, on receipt of Total Price of the Apartment/ Plot as per Term No.1.2 under the
Agreement from the Allottee shall execute a conveyance deed and convey the title of the
Apartment/ Plot together with proportionate indivisible share in common areas within three
months from the date of issuance of the occupancy certificate and the completion certificate,
as the case may be, to the Allottee:
Provided that, in absence of local law, the conveyance deed in favour of the Allottee shall
be carried out by the Promoter within three months from the date of issue of occupancy
certificate.
Provided further that, in case the Allottee(s) fails to deposit the stamp duty, registration
charges within the period mentioned in the demand notice, letter, the Allottee(s) authorizes the
Promoter to withhold registration of the conveyance deed in his/her favour till payment of
stamp duty and registration charges to the Promoter is made by the Allottee(s).
11. MAINTENANCE OF THE SAID BUILDING/ APARTMENT/ PROJECT :
The Promoter shall be responsible for providing and maintaining the essential services in the
Project, till the taking over of the maintenance of the Project by the Maintenance Society upon
the issuance of the completion certificate of the Project. The cost of such maintenance has
been included in the Total Price of the Apartment/ Plot.
12. DEFECT LIABILITY :
It is agreed that in case any structural defect or any other defect in workmanship, quality or
provision of services or any other obligations of the Promoter as per this Agreement relating to
such development is brought to the notice of the Promoter within a period of five years by the
allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify
such defects without further charge, within thirty days, and in the event of Promoter’s failure
to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive
appropriate compensation in the manner as provided under the Act.
13. RIGHT TO ENTER THE APARTMENT FOR REPAIRS:
The Promoter/ Maintenance Society shall have rights of unrestricted access of all common
areas, garages/covered parking and parking spaces for providing necessary maintenance
services and the Allottee(s) agrees to permit the Promoter/ Maintenance Society to enter into
the Apartment/ Plot or any part thereof, after due notice and during the normal working hours,
unless the circumstances warrant otherwise, with a view to set right any defect.
14. USAGE:
Use of Basement(s) and service areas:- The basement and service areas, if any, as located
within the Project, shall be earmarked for purposes such as parking spaces and services
including but not limited to electric sub-station, transformer, DG set rooms, underground
water tanks, pump rooms, maintenance and service rooms, fire fighting pumps and
equipment’s etc. and other permitted uses as per sanctioned plans. The Allottee(s) shall not be
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permitted to use the services areas and the basements in any manner whatsoever, other than
those earmarked as parking spaces, and the same shall be reserved for used by the
Maintenance Society for rendering maintenance services.
15. GENRAL COMPLIANCE WITH RESPECT TO THE APARTMENT/ PLOT :
15.1 Subject to Term 12 above, the Allottee(s) shall, after taking possession, be solely responsible
to maintain the said Apartment/ Plot at his/her own cost, in good repair and condition and shall
not do or suffer to be done anything in or to the said building Apartment/ Plot, or the
staircases, lifts, common passages, corridors, circulation areas, atrium or compound which
may be in violation of any laws or rules of any authority or change or alter or make additions
to the said Apartment/ Plot, and keep the said Apartment/ Plot,, its walls and partitions,
sewers, drains, pipes and appurtenances thereto or belonging thereto in good and tenantable
repair and maintain the same in a fit and proper condition and ensure that the support, shelter
etc. of the building is not in any way damaged or jeopardized.
15.2 The Allottee further undertakes, assures and grantees that he/ she would not put any signboard/ name-plate, neon light, publicity material or advertisement material etc. on the façade
of the building or anywhere on the exterior of the Project, building therein or common areas.
The Allottee also not change the color scheme of outer wall or painting of the exterior side of
windows or carry out any change in the exterior elevation or design. Further the Allottee shall
store any hazardous or combustible goods in the Apartment/ Plot or place any heavy material
in the common passages or staircase of the building. The Aloottee shall also not remove any
wall, including the outer and load wall of the Apartment/ Plot.
15.3 The Allottee shall plan and distribute its electric load in conformity with the electric systems
installed by the Promoter and thereafter the Maintenance Society and/or maintenance agency
appointed by the Maintenance Society. The Allottee shall be responsive for any loss or
damages arising out of breach of any of the aforesaid conditions..
16. COMPLIANCE OF LAWS, NOTIFICATIONS ETC. BY PARTIES:
The Parties are entering into this Agreement for the allotment of a Apartment/ Plot with the
full knowledge of all laws, rules, regulations, notifications applicable to the Project.
17. ADDITIONAL CONSTRUCTIONS:
The Promoter undertakes that it has no right to make additions or to put up additional
structure anywhere in the Project after the building plan, layout plans sanction plan and
specifications, amenities and facilities has been approved by the competent authorities and
disclosed, except for as provided in the Act.
18. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE:
After the Promoter executes this Agreement he shall not mortgage or create a charge on the
said Apartment/ Plot/ Building 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 for charge shall not affect the right and interest of the Allottee(s) who has taken or
agreed to take such Apartment/ Plot/ Building.
19. BINDING EFFECT :
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Forwarding this Agreement to the Allottee(s) by the Promoter does not create a binding
obligation on the part of the Promoter or the Allottee(s) until, firstly, the Allottee(s) signs and
delivers this Agreement with all the Schedules along with the payments due as stipulated in this
Agreement within thirty days from the date of receipt by the Allottee(s) and secondly, appears
for registration of the same before the concerned Sub-Registrar —————- (address of SubRegistrar) as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver
to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the
Allottee(s) 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 Allottee(s) for rectifying the default,
which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee(s),
application of the Allottee shall be treated as cancelled and all sums deposited by the
Allottee(s) in connection therewith including the booking amount shall be returned to the
Allottee(s) without any interest or compensation whatsoever.
20. ENTIRE AGREEMENT:
This Agreement, along with its schedules, constitutes the entire Agreement between the
Parties with respect to the subject matter hereof. and supersedes any and all understandings,
any other agreements, allotment letter, correspondences, arrangements whether written or oral,
if any, between the Parties in regard to the said Apartment/ Plot/ Building, as the case may be.
21. RIGHT TO AMEND :
This Agreement may only be amended through written consent of the Parties.
22. PROVISIONS OF THIS AGREEMENT APPLICABLE ALLOTTEE/
SUBSEQUENT ALLOTTEES:
It is clearly understood and so agreed by and between the Parties hereto that all the
provisions contained herein and the obligations arising hereunder in respect of the said
Apartment/ Plot and the Project shall equally be applicable to and enforceable against and by
any subsequent Allottee of the Apartment/ Plot, in case of a transfer, as the said obligations go
along with the Apartment/ Plot for all intents and purposes.
23. WAIVER NOT A LIMITATION TO ENFORCE:
23.1 The Promoter may, at least solve option and discretion, without prejudice to its rights as
said out in this Agreement wave the breach by the Allottee in not making payments as per the
payment plan mentioned this Agreement including waving the payment of interest for delayed
payment. It is made clear and so agreed by the Allottee that exercise of discretion by the
Promoter in the case of one allottee shall not be construed to be a precedent and /or binding on
the Promoter to exercise such discretion in the case of other allottees.
23.2 Failure on part of the Parties to enforce at any time or for any period of time the
provisions hereof shall not be construed to be a waiver of any provisions or of the right
thereafter to enforce each and every provision.
24. 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 the conform to
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the Act or the Rules and Regulations made thereunder or the applicable law, as the case may
be, and remaining provisions of this Agreement shall remain valid and enforceable as
applicable at the time of execution of this Agreement.
25. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER
REFERRED TO IN THE AGREEMENT:
Wherever in this Agreement it is stipulated that the Allottee(s) has to make any payment, in
common with other allottees in the Project, the same shall be the proportion which the carpet
area of the Apartment/ Plot bears to the total carpet area of all the Apartments/Plots in the
Project.
26. FURTHER ASSURANCES:
Both Parties agree that they shall execute, acknowledge and deliver to the other such
instruments and take such other actions, in additions to the instruments and actions
specifically provided for herein, as may be reasonably required in order to effectuate the
provisions of this Agreement or of any transaction contemplated herein or to confirm or
perfect any right to be created or transferred hereunder or pursuant to any such transaction.
27. PLACE OF EXECUTION :
The execution of this Agreement shall be completed 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 Allottee, in ——————— after the
Agreement is duly executed by the Allottee and the Promoter or simultaneously with the
execution the said Agreement shall be registered at the office of the Sub-Registrar at————-
(specify the addres of the Sub-Registrar). Hence this Agreement shall be deemed to have been
executed at ————–.
28. NOTICES:
All the notices to be served on the Allottee and the Promoter as contemplated by this
Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by
registered post at their respective addresses specified below:-
M/s……….(Promoter’s name ) Allottee(s) name
Address…………………….. Address……………………..
It shall be the duty of the Parties to inform each other of any changes subsequent to the
execution of this Agreement in the above address by registered post failing which all
communications and letters posted at the above address shall be deemed to have been received
by the Promoter or the Allottee(s), as the case may be.
29. JOINT ALLOTTEE:
That in case there are Joint Allottees all communications shall be sent by the Promoter to
the Allottee whose name appears first and at the address given by him/her which shall for all
intents and purposes to consider as properly served on all the Allottee(s).
30. SAVINGS:
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Any application, letter, allotment letter or any other document signed by the allottee, in
respect of the apartment, plot or building, as the case may be, prior to the execution and
registration of the agreement for sale for such apartment, plot or building, as the case
may be, shall not be construed to limit the rights and interests of the allottee or the
promoter under the agreement for sale, under the Act, the rules or the regulations made
thereunder.
31. GOVERNING LAW:
That the rights and obligations of the parties under or arising out of this Agreement
shall be construed and enforced in accordance with the Act, rules and regulations made
thereunder including other applicable laws of India for the time being in force.
32. DISPUTE RESOLUTION :
All or any dispute arising out of or touching upon or in relation to the terms and
conditions of this Agreement including the interpretation and validity thereof and the
respective rights and obligations of the Parties, shall be settled amicably by mutual
discussions, between the Parties, failing which the dispute shall be settled in the
manner as provided under the Act.
(Note:- Any other terms & conditions as per contractual understanding between the Parties can be inserted. However, such
terms should not in derogation of or inconsistent with the terms & conditions of this Agreement or the provisions of the Act
and rules/ regulation made thereunder.)
IN WITNESS WHERE OF parties herein above named have set their respective hands
and signed this Agreement for sale at ……………. in the presence of attesting witness,
signing as such on the day first above written.
Signed and delivered by the within named Allottee(s) in the presence of witnesses
on ………………………
Passport size
photograph with
signature across the
photograph
(First- Allottee)
Passport size
photograph with
signature across the
photograph
(Second- Allottee)
Passport size
photograph with
signature across the
photograph
(Third- Allottee)
Signature
(Name)
(First-Allottee)
Signature
(Name)
(Second-Allottee)
Signature
(Name)
(Third-Allottee)
Signed and delivered by the within named Promoter in the presence of witnesses
at ……………………… on …………..
PROMOTER
For and on behalf of M/s
Name
Signature
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Designation
WITNESSES
1- Signature
Name
Address
2- Signature
Name
Address