AGREEMENT FOR SALE (WITHOUT POSSESSION) THIS ARTICLES OF AGREEMENT made at __________ this dated ________________ BETWEEN ____________________As an Administrative Partner of _______ Address ________________________________ hereinafter called “THE OWNER” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include all its partners as at present and from time to time and the heirs, legal representatives, executors and successors of the last surviving partner/s) of the One Part. AND _______________________ Aged______ years, _______ by Religion, ___________ service, having present address_________________ and having permanent address at Hereinafter called “THE PROPOSED PURCHASER” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his respective heirs, legal representatives administrators, executors and successors of the Other Part. WHEREAS an immoveable property being land situate, lying and being at Village___________, Taluka City within the Registration District __________ and Sub District ___________ being S.P. No.-----Admeasuring about ______ Sq.Mt. of_____________________________(Sur. No _______ part of town planning scheme No______ Taluka City, more particularly described in the First Schedule hereunder written, )Hereinafter referred to as the “Said Land”) Said Land is registered in the Revenue Records in the name of the Owner herein. Said Land has been purchased by the Owners by a Deed of Conveyance dated _________________ registered under Sr. No ______respectively. The Said Land has been acquired by the Owners for and on behalf of and as the partner of ___________ a partnership Firm (hereinafter called the “Firm”) Such fact has been mentioned in the Deed of Conveyance. The Owner has also entered into as Agreement of Confirmation in favour of the Firm. The owner under this Agreement of Confirmation in favour of the Firm. The owner under and include the Owner as Partner of the Firm and also the said Firm itself. Thereafter, the said firm________________________________ through its partners (1) _______________________________have executed Declaration money for purchasing the said land was also paid by the said firm and the Declaration was registered in the office of the Sub-Registrar of Assurances under Serial No. _____________dated________. Thereafter the partners of the said firm__________________________________________________________ ____________________________have executed Declaration stating that the said land belongs to the Partnership Firm and the Declaration was registered in the office of the Sub-Registrar of Assurance under Serial No.______ dated __________. AND WHEREAS the Owner has evolved a Scheme on the Said Land known as _________ consisting of various residential premises (hereinafter called the “Scheme or the Project”) as per the Amalgation plan approved by ____________ vide Case No. ______________________________such Scheme the plans and specifications, designs and detailed drawings for such Scheme has been prepared by the Architect _______________ and the same has been approved by the ________________as per the development permission granted by it on ____________, under No. __________________________. AND WHEREAS the Said Land has also been granted permission for Non Agricultural Use by the Hon’ble District Collector, ___________. AND WHEREAS the proposed Purchaser herein has shown his intention to purchase, and for the purpose to receive for him the premises being No.______ on the ____________admeasuring about ________ Sq.Mts. (built-up area) (hereinafter referred to as the said “Flat”) together with _________ Sq.mts. undivided share in the Said Land (hereinafter called the ‘’ Undivided Land’’) The said Flat and Said Land are more particularly described in the Second Schedule hereunder written and shall hereinafter collectively be referred to as the ‘’Said Property’’. NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HER TO AS FOLLOWS:1(a) At the request of the Proposed Purchaser the Owner has agreed to make available-reserve for absolute transfer- sale to the Proposed Purchaser, the said Property, more particularly described in the Second Schedule hereunder written, together with right to use all common amenities, facilities, services jointly with other premises holders in the Scheme, on the terms and conditions covenants and stipulations contained herein. b) The said Flat shall be constructed and sold in accordance with the plans, kept at the office of the Owner and also as per the specifications mentioned in the Third Schedule hereunder written, which the Proposed Purchaser has seen and approved and has further agreed that the Owner may make such additions, alterations and modifications in such plan, In general as may be required to be carried out by the Government and/or ______________ and other authorities and/or which the Owner may consider necessary, convenient of desirable. This shall be operate as on irrevocable consent of the Proposed Purchaser. C) The Proposed Purchaser has/have verified the Titles of the said property, and has/have satisfied himself or through their legal experts and after satisfying with the same he has agreed to purchase the said property from the owner and has also verified the plans and structural details of the said scheme through their engineers and architects and has also verified the materials used for the construction of the said scheme through their respective experts and will not raise any dispute regarding same in future and it so raised then it will be declared null and void by these presents about the title of the Said Land and also about the Development and Said Project. The Proposed Purchaser has also been made aware that the Said Property has been purchased and held by the Owner as the Partner of the Firm and all documents, papers and writings executed by the Owner in his capacity as aforesaid. All the payments as regards purchase-acquisition of the Said Property shall be made by the Proposed Purchaser to the Firm or under its direction. 2(a) The Proposed Purchaser has agreed to pay to the Owner sum Rs. ___________________(Rupees___________________________________ _________only) as contribution/price for purchase/acquisition of the said Property. Such amount shall be paid to the Owner herein, in the manner stated in the Fourth Schedule hereunder written. b) Over and above the consideration as stated above the proposed Purchaser shall also pay the following:The Proposed Purchaser shall pay sum of Rs.______________ by way of interest free maintenance deposits. The same and/or interest thereof may be used and/or utilized for the maintenance of all common amenities, facilities and services of the scheme-building, in the manner as may be decided by the Maintenance Association to be formed. Rs. ________ by way lot fixed maintenance charges for the first ________ months after the possession. The said amounts referred to in Para (b) herein shall be paid by the Proposed Purchaser simultaneously with the payment of last installment referred to as the Fourth Schedule hereunder written. c) It is hereby expressly agreed by the Proposed Purchaser that the time for the payment of all the amounts-installments referred to at Para (a) and) b) hereinabove shall be the Essence of this Agreement. d)It has been specifically agreed, accepted and understood by the Proposed Purchaser that under no circumstances he shall have right to require specific performance of this Agreement or avail any legal aids under the Indian Contract Act or Specific Relief Act or Transfer of Property Act or any other Act, Law or Rules, Notification etc. for the time being in force until has/have paid all the amounts payable hereunder on their due dates and also he has/have observed and performed all the terms and conditions contained herein on his part. e) Only upon completion of the work of construction of the Flat and after full payment made by the Proposed Purchaser to the Owner the Proposed Purchaser shall be put in vacant and peaceful possession of the said Flat and the said Flat shall belong to the Proposed Purchaser. All common amenities, facilities and services, common spaces including water system, bore, drainage, sewerage etc. Shall vest with and used jointly by all the purchasers- occupiers of the Flats in the Scheme, save and except which are specifically allocated for use of one or more of the owner/s of the flats in the Scheme. f) As soon as the said Flat is notified as complete, the Proposed Purchaser shall pay the arrears of the amount payable by him to the Owner within seven days of such notice served or to be put at any prominent place in the said Flat. g) It has been specifically agreed by the Proposed Purchaser that the service tax and all other taxes, charges and amounts which are to be paid or levied under the Income Tax Act or any other direct taxes of under any law for the time being in force in respect of the transaction hereunder, or Scheme or development, shall be paid by the Proposed Purchaser. h) The Proposed Purchaser shall also bear and pay all taxes, cases, assessments and other amounts levied or charged by the concerned authorities in respect of said Property/Scheme. I) The Proposed Purchaser hereby agrees and undertakes with the Owner to pay all the amounts agreed to be paid by the Proposed Purchaser under this Agreement and to observe and perform all the terms and conditions hereof. The conditions referred to hereinabove are the ESSENCE of this Agreement. 3(a)In the event if Proposed Purchaser make any delay or default in payment of any one or more of the installments or any other amounts due and payable under this Agreement, whether formally demand or not, or commit breach of any of the terms and conditions hereunder, the Owner shall at his option to be entitled to take one of the following action. i) To recover the balance amount with the interest at rate of 15% per annum for the delayed period (not mandatory). OR II) To cancel this Agreement and reservation of the said Property without any further writing and forfeit the 10% of total amount agreed to be paid by the Proposed Purchaser referred to in Para 2 (a) hereinabove and return the balance amount if any to the Proposed Purchaser without interest. It has been agreed and accepted by the Proposed Purchaser that in such event of cancellation, formal letter from the Owner for the cancellation shall be treated and considered as the legal Agreement of cancellation of the Agreement by both the parties and thereupon the Owner shall entitled to deal with or dispose of the said Property in the manner the Owner may deem fit and proper and further the Proposed Purchaser shall have no claim of any nature whatsoever against the Owner or the said Property or any part thereof, or otherwise in upon or to the said Land or the said Project. The Proposed Purchaser without prejudice to what has been stated hereinabove, hereby authorize the Owner as his/her/their constituted Attorney to execute Agreement of Cancellation in the event of default committed by the Proposed Purchaser as stated above. This without prejudice to the other rights and remedies available to the Owner under this Agreement or under any law for the time being in force. It is further agree and understood by the Proposed Purchaser that upon cancellation of this Agreement, the balance amount if any, to be repaid by the Owner shall be paid only after the Said Property is disposed of by the Owner to other Purchaser/s and sale consideration is received from such new Purchaser/s. OR III) The Owner may require for the specific performance of this Agreement from the Proposed Purchaser through Appropriate Authority. b) In the event if the Owner fails to complete the construction of the said Property within the agreed period, the Proposed Purchaser, if any he has/have made full payment under this Agreement, shall be entitled to required specific performance of this Agreement, by the owner provided however such delay is not caused due to any default on the part of the Proposed Purchaser or on account of any changes, additions and/or alterations required to be made by the Purchaser in or regarding Said Property. If the Proposed Purchaser neglects, omits or fails for any reason whatsoever to pay to the Owner any part of the amounts due and payable by the Proposed Purchaser under the terms and conditions of Agreement, whether before or after the delivery of the possession, within the time hereinbefore specified or if the Proposed Purchaser shall in any other way fails to perform or observe or commit breach of any of the covenants and stipulations herein contained, in addition to remedies available to the Owner as stated in Para 3 (a) hereinabove, the Owner shall be entitled to reenter upon and resume possession of the Said Property and everything whatsoever therein and in such event this Agreement shall automatically cease and stand terminated as stated above The Proposed Purchaser herein agrees that on the Owner’s reentry on the Said Property as aforesaid, all the right, title and interest of the Proposed Purchaser in the Said Property and under this Agreement shall cease and that the Proposed Purchaser shall also be liable for immediate ejectment as a trespasser. 4(a) The work of construction shall be completed and said Property shall finally be granted by way of sale on or before March 2017, subject to the availability of cement, steel, water for construction or other building materials and subject to strike, shortage of laborers, electrical faults civil commotion or any act of God such as earth-quake, flood or any other natural calamities enemy and subject to the consequences of any notice, order, rule or notification of the Government and/or any public or local authorities or other caused beyond the control of the Owner and subject to payment of all the amounts payable by the Proposed Purchaser to the Owner and due observance and performance of all terms and conditions on his part under this Agreement. b)Under no circumstances, possession of the said Flat shall be given to the Proposed Purchaser until all payments required to be made under this Agreement by the Proposed Purchaser has been made. 5(a) nothing contained in this Agreement shall be construed so as to confer upon the Proposed Purchaser any right, title or interest of any kind whatsoever in, to or over the said Property or any part thereof. Such conferment shall take place only after. i) The Owner has received all the payments due under the terms hereof from the Proposed Purchaser and from other Proposed Purchaser of the Property in the scheme,. ii) The possession of the Said Property has been handed over by the Owner to the Proposed Purchaser as provided under this Agreement. iii) The Proposed Purchaser has, generally, duly and property observed the terms and conditions contained herein. b) All and every common parts and portions of the Said buildings including but not limited to, lobbies, passages, stairs, stair lending’s lifts and lift wells, terraces, electrification, underground and overhead water tanks, water supply system and water facility, drainage, sewerage, open margin lands, common plots, packing spaces, court yards, open to sky spaces and other open spaces, etc. shall belong to and be used and utilized by all owners occupiers of the premises in the said buildings in the manner as the Maintenance Body that may be formed as stated hereafter, may decide, Subject however to the rules and regulations and decisions of the Maintenance Association that may be formed of all the owners- occupiers of the premises in the said Scheme, including as regards the right to use specific part and portion of such common parts and portion referred to hereinabove by one or more of the owners of the premises in the said Scheme. For maintenance and administration, all common amenities, facilities, services and convenience meant for common-joint use of all the owners-occupiers of the premises in the said buildings- scheme, Maintenance Association or other body shall be formed All the holders of the premises shall mandatorily become members of such body. All decisions of such body and all rules and regulations that may be framed by it shall be binding upon all the owners- occupiers of the premises in the said building- scheme including the Proposed Purchaser herein. c) The Maintenance Body/Owner shall be entitled to allocate the covered or open parking area on the ground floor and also the parking that can be provided in the open margin lands and other open areas and spaces to any one or more of the acquirers of the premises in the Scheme for parking of the vehicles or for such other purposes, on such terms and conditions as the Maintenance Association may deem fit. Provided however each premises holder shall get at least one parking in the scheme for parking of his vehicle. 6 The terrace above the last floor of the said Building shall be available and/or right to use thereof shall be granted to such person as the Maintenance Association/Owners may deem fit. 7(a) after that the possession of the said Flat is handed over to the Proposed Purchaser, if any additions or alterations in or about or relating to the building of which the said Flat forms part are required to be carried out by the Government, District Panchayat, ___________Municipal Corporation or any statutory authority. The same shall be carried out by the Proposed Purchaser and other purchasers of other Flats at their own costs and the Owner shall not be in any manner liable or responsible for the same. b) The Proposed Purchaser shall be liable for payment of all taxes cases, assessments etc. payable in respect of the Said Property from the date the Said Flat is ready for use irrespective of whether formal sale Deed in respect of Said Property has been executed in favour of the Proposed Purchaser or not. 8. The Proposed Purchaser shall permit the Owner and/or Office Bearers of the body that may be formed or any of their authorized agents with or without workmen and others at all reasonable time to enter upon the said Property to view and examine the state and condition thereof and the Proposed Purchaser shall make good any defect concerning the said Property or common use and services or any breach or violation in maintaining the same, in accordance with the general rules and regulations of the Scheme that may be framed from time to time. 9. The Proposed Purchaser has perused and explained to himself the agreements, documents, papers and writings for or in the matter of purchase of the Said Entire Land. Relevant permissions, approvals, certificates, etc. obtained from the Concerned Authorities. The Proposed Purchaser has also been given the plans and specifications of the Said Scheme, proposed construction of residential flats to be put up there on the plans and specifications for construction of infrastructures and other particulars of the Said Scheme. b) Prior to the execution of this Agreement, the Proposed Purchaser has satisfied himself about the title of the Said Entire Lands and he shall not be entitled to further investigate the title of the same, and no requisition or objections shall be raised in any matter relating to the same. c) The Proposed Purchaser shall not, without written consent of the Maintenance Body let, sub-let, sale, transfer, assign, release, mortgage or change or in any manner encumber or deal with and/or dispose of the said Flat or any part thereof, The Proposed Purchaser shall not without written consent of the Owner to entitle to assign his/her/their rights under this Agreement to any person whomsoever. d) The Proposed Purchaser shall maintain at his/her/their cost the said Flat in good condition, state and order and shall abide by all bye-laws, Rules and Regulations of the Government, __________ Municipal Corporation, Nagar Panchayat, District Panchayat and local bodies and other authorities and the Maintenance body that may be formed and shall attend, answer and be responsible for all actions. e) The Proposed Purchaser hereby covenants to keep the Said Flat, walls and partition walls, sewers, drains, pipes and appurtenances thereto belonging to, in good and tenantable repair and conditions and in particular so as to support, she/her and protect the parts of the building other than his/her/its/their premises. f) The Proposed Purchaser shall not use the said Flat or permit the same to be used for any purpose/s other than for which it is meant or which may or is likely to cause nuisance or annoyance to occupiers of the other Flats or for any illegal or immoral purposes. g) It is hereby agreed that the Proposed Purchaser shall not pull any Board on the Said Flat or any part of the building/s without the written consent of the Maintenance Body. The place, color and size of the Board shall be decided by the Maintenance Body. h) The Proposed Purchaser shall not decorate the exterior of his their Flat than in the manner in which the same was previously decorated. i) The Proposed Purchaser shall not throw dirt, garbage or other refuse or permit the same to be thrown out from the said Flat or for the purpose of repair any part of the building or the said Flat in the compound or any portion of the Scheme. j) The Proposed Purchaser hereby agrees to observe and perform the covenants and conditions contained in this Agreement and of the Maintenance Body that may be found and to keep the Owner and such body indemnified against the said payment and observance and performance of the covenants and conditions contained herein except so far as the same ought to be observed by the Owner. k) The Proposed Purchaser shall have no claim with respect to any part of the Said Scheme save and except in respect of the Said Property agreed to be reserved for him. l) So long as the Said Flat, shall not be separately assessed for Taxes, water rates, electric bills, etc. the Proposed Purchaser shall pay to the Owner such amount as may be fixed from time to time, in advance towards such payment, Nagar Panchayat Taxes and other outgoings. m) The Proposed Purchaser shall at no time demand portion of his interest from the entire Scheme/building. It being agreed and declared by the V that his interest in the Said Scheme shall be impartible. n) The Said Property shall be used, occupied and enjoyed by the Proposed Purchaser as one unit and the Proposed Purchaser shall not divide or sub-divide the same for use as more than one unit, unless permitted by the Concerned Authority and also body corporate that may be formed. 10. The Proposed Purchaser shall insure and keep insured the Said Property against loss or damage by fire, earthquake riot, war, flood, civil commotion, act of God or such other risks to the full value thereof with IRDA approved insurance company of repute having office at __________ and whenever required he shall produce to the Owner/ body corporate the policy/ policies of such insurance and the receipt for the last premium paid in respect thereof and in the event of the Said Property being damaged or destroyed by fire or otherwise to expend the insurance money for the repair, rebuilding or reinstatement of the Said Property as soon as reasonable, Practical and required. 11. Till the completion of construction and disposal of all the flats and receipt of all the amounts by the Owner from the Purchaser of the Flats in the said Scheme, the said Scheme shall remain under over all control of the Owner and all the decision of the Owner in; each and every matter in respect of the said Scheme and all the flats, including the common amenities and facilities shall be final and binding upon the Proposed Purchaser. 12. Any delay by the Owner in enforcing the terms of this Agreement or any forbearance or giving time to the V shall not be considered as a waiver on the part of the Owner nor shall the same in any manner prejudice the remedies of the Owner. 13. The letters, receipts and/or notices issued by the Owner dispatched Under Certificate of Posting to the address of the Proposed Purchaser as known to the Owner will be sufficient proof of receipt of the same by the proposed Purchaser and shall completely and effectively discharge the Owner. 14. The Scheme shall always be known as ________ and the same shall not be changed. 15. Without prejudice to any of the terms and conditions hereinabove, the member hereby expressly consents to the Owner for any management of raising loan for the benefit of the Owner/Association/project or for the benefit of all or some of the Proposed Purchaser of the premises in the scheme. The Owner may execute any documents including mortgaging the Said Entire Land and building/s or any one of more of the premises therein including the Said Property as is required for raising such loan. 16) The transaction covered by this agreement at present is not understood to be eligible to tax under any direct or indirect tax laws or similar other laws, save and accept for the VAT, Service TAX and other taxes mentioned hereunder, 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, either as a whole or in part or any inputs of materials or equipment’s used or supplied in execution of or in connection with this transaction are eligible to Tax, (including service tax),the same shall be payable by the Proposed Purchaser. On demand at any time. 17. The Owner has declared and announced his scheme by issuing broachers and pamphlets and also inserting advertisements in newspaper and publishing in other manners. It has been agreed that if anything agreed upon as recorded herein is inconsistent with what has been advertised as aforesaid , what is agreed upon herein shall prevail. 18. It has been agreed that if any changes, modifications or alterations are effected by the Owner in the scheme in general or in particular with respect to any part thereof which may have effect upon the terms and conditions contained herein or with respect to rights or obligations of the Proposed Purchaser.. Such changes or modifications or alterations shall be binding upon the Proposed Purchaser. and to that extent the terms and conditions, rights and obligations of the Proposed Purchaser under this Agreement shall stand modified or changed or altered PROVIDED HOWEVER, such change, modification or alteration shall not prejudicially effect the right of the Proposed Purchaser with respect to the Said Property. 19. All rights and interest of the Proposed Purchaser. is restricted to and to be read, understood and interpreted in realization to the said Flat only. All other constructed, covered, uncovered areas, open spaces open lands, infrastructures, developments etc. shall belong to the Owner subject to right of V to use, common amenities, facilities and services that may be reserved for common use of all the proposed purchaser of the Flats in the Scheme subject to rules, regulations, powers and decisions of the Maintenance Body that may be formed, as stated hereinabove. 20. All Stamp duty, registration charges, legal fees and all other out of pocket expenses in respect of any further or other agreements, documents, papers and writings to be executed to carry into effect the provisions hereof, shall be biome and paid by the Proposed Purchaser only. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their hands the day and year first hereinabove written. -: THE FIRST SCHEDULE ABOVE RFEFERRED TO :- ALL THAT pieces and parcels of land situate, lying and being at Village ________________Taluka ______________City within the Registration District ___________________and Sub District _______________________bearing S.P. No________________ Admeasuring about _____ Sq.mtrs of _________________ on proposed FP No_____________ (Sur. No. ) part of town planning scheme no._____________ or thereabouts and bounded as follows that is to say on or towards theNorth by : South by : East by : West by : -: THE SECOND SCHEDULE ABOVE RFEFERRED TO:ALL THAT ______ SQ.MT. Undivided share in the land of S.P. No. ___________described in the First schedule hereunder written and flat no. ___________________admeasuring about Sq.mt. (built up areas). On the third floor, in the scheme known as -: THE THIRD SCHEDULE ABOVE RFEFERRED TO:(Specifications) -: THE FIRST SCHEDULE ABOVE RFEFERRED TO: Two automatic elevators ADEQUATE CAR PARKING BORWELL WITH PUMPSET R.O. WATER PURIFIER SYSTEM IN KITCHEN DECORATIVE ENTRANCE FOYER STRUCTURE RCC frame structure & brick works with best material components. Earthquake resistant design PLASTER WORK Double coat sand faced plaster on extremal surface Simple coat main plaster in inside area. FLOORING & WALL TILLING Vitrified the flooring in all rooms Anti-skid flooring in utility area and toilets. Easily maintainable & modern designer tile concept up to lintel in all toilets Stone sill in windows Granite Kitchen Platform PAINTING Weather resistant acrylic paint of standard make to all external walls All internal walls with putty DOORS & WINDOWS Safety lock. Decorative main door with teakwood frame, door eye. Internal flush door Superior quality CP or SS finish hardware fittings Doorframe of wood/granite stone Anodized Aluminum windows with Grill ELECTRICAL WORK Concealed copper wiring with ISI make to overloading, short circuits and earth leakages Distribution board with MCB and ELCB Modular switches for easy and maintenance free units DTH connection in each flat Provision for AC and water heater points in bedrooms toilets. WATER PROOFING Water proofing in all toilet & terrace area Adequate size underground tank with auto sensor system China mosaic in the terrace Anti-termites treatment PLUMBLING & SANITATION Good quality & stain resistant sanitary ware C.P. fitting of standard make CPVC/UPVC pipe & fittings SWR drainage system for easy maintenance Common Municipal water connection for water supply Gas connection in kitchen if available. -: THE FOURTH SCHEDULE ABOVE RFEFERRED TO:(Mode of payment) The proposed purchaser has paid _____________ earnest money deposit on the execution of this agreement and balance amount to be paid as per schedule written below:Inst. No. Date Rupees Service Tax Swachhata cess Total 1 2 Note: The proposed purchaser has to pay service tax amount with Installment. SIGNED AND DELIVERED BY THE WITHINNAMED. ___________________________ As an administrative partner of ______________________________ In the presence of: ________________________________ SCHEDULE AS PER SECTION 32(A) OF THE REGISTRATION ACT SCHEDULE AS PER SECTION 32 (A) OF THE REGISTRATION ACT Sign photo and LHT impression of THE PROPOSED PURCHASERS:-