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This document is an agreement for sale between the landowners/vendors, developer/promoter, and purchaser for an apartment in the "Rainbow Vistas @ Rock Garden" residential project in Hyderabad, Telangana. The developer obtained necessary permits and registered the Q Block portion of the project under the Real Estate Regulatory Act. The purchaser applied and was allotted an apartment with specified area and parking spaces.

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Kiran Kesireddy
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0% found this document useful (0 votes)
871 views49 pages

AOS

This document is an agreement for sale between the landowners/vendors, developer/promoter, and purchaser for an apartment in the "Rainbow Vistas @ Rock Garden" residential project in Hyderabad, Telangana. The developer obtained necessary permits and registered the Q Block portion of the project under the Real Estate Regulatory Act. The purchaser applied and was allotted an apartment with specified area and parking spaces.

Uploaded by

Kiran Kesireddy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 49

[See rule 38]

AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE (“Agreement”) is made and executed on


this the ____ day of January’2019 at Hyderabad, Telangana;

BY AND BETWEEN

M/s CYBERCITY BUILDERS & DEVELOPERS PRIVATE LIMITED,


[PAN No. AACCC8152C] a Company incorporated under the Companies
Act, 1956, having its Registered Office at Green Hills Road, Near Hi-Tech
City MMTS, IDL Road, KPHB, Hyderabad, Telangana-500 072, represented
by its Managing Director viz., Sri VENU VINOD, S/o Late R.D.Bhoopal,
aged 58 years (vide Board Resolution dated 20-03-2015).

[HEREINAFTER to be called and referred as the “VENDOR/LANDOWNER/


DEVELOPER/PROMOTER”, which term unless the context repugnant thereto
shall mean and include all its representatives, executors, administrators and
assignees etc., of the FIRST PART]

AND

1. SMT. T.URMILA, W/o Late T.Venkat Rao, aged 60 years, Occ:


Household;

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2. SMT. T.NAVEENA, W/o Dr. B.Dheeraj Kumar and D/o Late
T.Venkat Rao, aged 33 years, Occ: Housewife;
3. SRI T.PHANI KUMAR, S/o Late T.Venkat Rao, aged 31 years,
Occ: Business;
4. SMT. T.HIMA BINDU, W/o Sri Kaushal and D/o Late Sri T.Venkat
Rao, aged 29 years, Occ: Housewife
5. Smt T.PRIYANKA, D/o Late T.Venkat Rao, aged 26 years, Occ:
House Wife;
Nos.1 to 5 are residents of H.No.3/A, 19 th Part, Gafoor Nagar,
Image Hospital Lane, Madhapur, Hyderabad, Telangana.
6. M/s CYBERCITY BUILDERS & DEVELOPERS PRIVATE
LIMITED, [PAN No. AACCC8152C] a Company incorporated under
the Companies Act, 1956, having its Registered Office at Green Hills
Road, Near Hi-Tech City MMTS, IDL Road, KPHB, Hyderabad,
Telangana-500 072, represented by its Managing Director viz.,
Sri VENU VINOD, S/o Late R.D.Bhoopal, aged 58 years.

Nos.1 to 6 of the Second Part herein represented by their GPA


holder viz., M/s CYBER HOMES, a Partnership Firm, having it’s
registered Office at Sy.Nos.81 & 101, situated at IDL Road, Near
Hi-Tec-City MMTS, KPHB, Moosapet, Hyderabad represented by its
Managing Partner viz., Sri VENU VINOD S/o. Late R.D.Bhoopal,
aged 58 years as per two Development Agreements –cum- GPAs
dated 31-07-2012 & 25-07-2013 vide registered document
Nos.2368 of 2012 and 5383 of 2013 respectively with the O/o Sub-
Registrar, Balanagar, & O/o Sub-Registrar, Kukatpally.

[HEREINAFTER to be called and referred as the "VENDORS/LANDOWNERS",


which term unless the context repugnant thereto shall mean and include all its
representatives, executors, administrators and assignees etc., of the SECOND
PART]

AND

M/s CYBER HOMES, a Partnership Firm, having it’s registered Office at


Sy.Nos.81 & 101, situated at IDL Road, Near Hi-Tec-City MMTS, KPHB,
Moosapet, Hyderabad, Telangana State represented by its Managing
Partner viz., Sri VENU VINOD S/o Late R.D.Bhoopal, aged 58 years.

[HEREINAFTER to be called and referred as the "VENDOR/DEVELOPER/


PROMOTER", which term unless the context repugnant thereto shall mean and
include all its representatives, executors, administrators and assignees etc., of
the THIRD PART]

IN FAVOUR OF

Mr./Ms. ________________, (Aadhar No.________________),


Son/Daughter of _____________, Aged about _________
years, Residing at ______________, Telangana (PAN
__________________).

2
[Hereinafter called the “PURCHASER/ALLOTTEE/PURCHASER” (which
expression shall unless repugnant to the context or meaning thereof be deemed
to mean and include his/her heirs, executors, administrators, successors-in-
interest and permitted assignees, etc., of FOURTH PART)]

The Landowners/Vendors, Promoter/Developer/Vendor and Purchaser/Allottee


shall hereinafter collectively be referred to as the “Parties” and individually as a
“Party”.

-DEFINITIONS:

For the purpose of this Agreement for Sale, unless the context otherwise
requires:-

(a) “Act” means the Real Estate (Regulation and Development) Act, 2016
(16 of 2016);

(b) “Appropriate Government” means the Government of Telangana;

(c) “Rules” means the Real Estate (Regulation and Development) (General)
Rules, 2016 made under the Real Estate (Regulation and Development)
Act, 2016;

(d) “Regulations” means the Regulations made under the Real Estate
(Regulation and Development) Act, 2016;

(e) “Section” means a section of the Act.

(f) “Saleable Area” includes Carpet Area plus veranda/balcony/terrace area


which are exclusively meant for the Allottee plus the proportionate share
of Common Areas and any other area as agreed between the Promoter
and Allottee in the agreement of sale for which a proportionate cost has
been collected from the Allottees;

WHEREAS:

A. The Vendors/Landowners of First and Second Parts herein are the


absolute and lawful owners of the land totally admeasuring Ac.22-07
guntas equivalent to 89,580.61 Sq.mts in Sy.Nos. 81, 101/1, 101/2, 102,
108 to 112(81/A, 81/B, 81/C, 101/1-A, 101/1-B, 101/1-C, 101/2, 102,
108/A, 108/B, 108/C, 109/A, 109/B, 109/C, 110/A, 110/B, 110/C, 111/A,
111/B, 111/C, 112/A, 112/B and 112/C) situated at Moosapet Village,
Balanagar Revenue Mandal, Ranga Reddy District, Telangana with their
respective extents (hereinafter to be referred to as “Said Land” more fully
described in the ‘Schedule Project land’ hereunder) having acquired the
same through registered documents. The Vendors/Landowners of Second
Part and the Developer of Third Part have entered into two registered
Development Agreements –cum- GPAs dated 31-07-2012 & 25-07-2013
vide registered document Nos.2368 of 2012 and 5383 of 2013
respectively with the O/o Sub-Registrar, Balanagar, & O/o Sub-Registrar,
Kukatpally read with Supplemental Agreements and in terms of the same,
the Schedule ‘A’ Apartment herein fell to the exclusive share of the
Promoter/Developer of Third Part (M/s Cyber homes, a

3
Partnership Firm) towards its share; (The recitals/detailed link and
flow of title in respect of the ‘said land’ is mentioned in the above referred
registered Development Agreements –cum- GPAs and the same is deemed
to be part and parcel of the recitals/flow of title of this Agreement of Sale
and however the flow of title of the ‘said land’ is appended herewith as
Annexure-A).

A. The Said total Land admeasuring Ac.22-07 guntas is earmarked for the
purpose of building a Residential Project comprising of Multistoried
Residential Apartment Buildings/Complex comprising of various blocks and
the said project shall be known as “RAINBOW VISTAS @ ROCK
GARDEN” - Q BLOCK (RERA Registration Number: P02200000619)
(“Project”);

B. 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
Developer/Promoter regarding the ‘Said Land’ on which Project is to be
constructed have been completed;

C. The Greater Hyderabad Municipal Corporation has granted initial permit


and also revised Permits from time to time for construction of various
blocks on the Schedule Project Land herein and details of permissions
obtained from time to time are incorporated in the Annexure-A.

D. The Promoter has obtained various Permits and Sanctioned Plans in


phased manner from time to time as detailed infra from the Greater
Hyderabad Municipal Corporation (GHMC) for construction of 13 Blocks in
total on the Schedule Project Land admeasuring Ac.22-07 guntas. All
such permissions for all the 13 blocks from time to time were obtained
prior to 01-01-2017 and hence the provisions of Real Estate (Regulation
and Development) Act, 2016 are not applicable to the total project.
However the Promoter subsequently obtained Revised Permission only in
respect of Q-Block out of the 13 Blocks vide Permit
No.No.53525/HO/WZ/Cir-14/2016 in File No.136039/24/07/2017/HO,
dated 07-01-2019 and hence the provisions of RERA Act are applicable
only in respect of Q-Block and not applicable in respect of balance 12
Blocks in the Project. 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;

E. The Promoter has registered the Q-Block Project out of the total project
under the provisions of the Act with the Telangana Real Estate Regulatory
Authority at Hyderabad on 18.04.2019 under RERA Registration
Number: P02200000619) only;

F. The Allottee had applied for an apartment in the Project vide Application
No.___________, dated __________ and has been allotted with an
Apartment/Flat No._________ on _______ Floor in Block-Q having
a saleable area of ________ Sq.ft along with ________ parking lots
(as permissible under the applicable law) which includes carpet area,
exclusive Balcony area and pro rata share in the common areas
(“Common Areas”) (hereinafter referred to as the “Apartment” more

4
particularly described in Schedule A and the floor plan of the apartment is
annexed hereto and marked as Schedule B);

G. The Parties have gone through all the terms and conditions set out in this
Agreement and understood the mutual rights and obligations detailed
herein;

H. Additional disclosures/details;

(1) The Vendor/Developer herein has earlier provided the Land Title
Search Report, copies of title deeds and all other documents of
title pertaining to ‘said Land’ herein and also copies of permits
and sanctioned plans issued by the Authorities from time to time
including latest revised permit and plan for construction on the
Schedule Project Land herein to the Purchaser/s herein to enable
the later to carryout legal due-diligence to satisfy about the title
of the Vendors/Landowners herein and the Vendor/Developer in
and over the Schedule Project land and the authority of the
Vendor/Developer herein to develop the same. Based on the said
legal due-diligence and title verification and having satisfied
about the title, building plans, designs, specifications, proposed
construction, concept, Saleable area, carpet area, exclusive
balcony area and proportionate common area, car parking etc.,
of ‘RAINBOW VISTAS @ ROCK GARDEN' project as well as
the suitability of the apartment for the residential use and the
conditions mentioned herein, the Purchaser herein approached
and offered to purchase the Schedule ‘A’ Apartment from the
Vendor/Developer herein. The Purchaser/s has/have further
confirmed that Purchaser/s has/have carefully read the
conditions of the Agreement and has/have understood
his/her/its/their obligations and liabilities and limitations as set
forth herein and has/have neither relied upon nor been
influenced by any marketing brochures, e-mails, advertisements,
representations of any nature whatsoever whether written or
oral. The Purchaser got understood and verified the carpet area,
Saleable area, exclusive balcony area and proportionate
common area, car parking of the Schedule ‘A’ Apartment and
his/her/their entitled undivided right, interest in the common
areas of the Complex and undivided interest in the Schedule
Project Land herein which is arrived as under:-

(a) Carpet area of the Schedule ‘A’ Apartment is _______ Sq.ft.

(b) Exclusive Balcony area is _______ Sq.ft.

(c) Pro-rata undivided right and interest in the common areas


(including external walls) as defined under section 2(n) of the
Act.

(d) Pro-rata undivided right, share and interest in the Schedule


Project land equivalent to _____ sq.yards out of the total

5
project land admeasuring ____________ sq.yards or Ac.22-
07 guntas.

(2) Thus the Purchaser got verified and notified that a total saleable
area of the Schedule ‘A’ Apartment is _______ Sq.ft. The
Purchaser herein will acquire ownership, title on Schedule ‘A’
Apartment area by way of purchase which includes pro-rata right
and interest in the common areas of the complex. The sale
consideration payable under this Agreement is
Rs.___________/- (Rupees ___________________ only)
which is in respect of the entire saleable area of the Schedule ‘A’
Apartment (which is morefully delineated in the Floor Plan i.e.
Schedule ‘B’ Plan appended herewith) including amenities, facilities,
exclusive parking.

(3) The original title deeds of the Schedule Project Land are in the
custody of the VENDOR/DEVELOPER/PROMOTER of First and Third
Parts herein and they shall deliver the original documents to the
custody of the Association to be formed by all the owners of the
apartments/flats in ‘RAINBOW VISTAS @ ROCK GARDEN',
simultaneously at the time when the administration of maintenance
of common amenities is handed over to such Association. After
completion of the project, all the common areas, infrastructure of
the project including administration of maintenance of common
areas will be transferred and handed over by the Vendor/Developer
in favour of the Association to be formed among all the Apartment
owners in the total project as per the provisions of statute and
Rules governing the same.

(4) The Vendor/Developer has offered to sell to the Purchaser/Allottee


and Allottee agrees to purchase from the Vendor/Developer, the
Schedule ‘A’ Apartment (morefully described and shown hatched
with red colour lines on the Floor Plan thereof annexed hereto,
(hereinafter referred to as “Scheduled ‘B’ Plan”) for a total sale
consideration of Rs._________/- (Rupees ____________ only) and
other charges payable as detailed in Schedule ‘C’ hereunder on the
terms and conditions contained herein being accepted by the
parties hereto payable to the Vendor/Developer.

(5) The Parties hereby confirm that the “Applicable Law” includes all
applicable laws, Real Estate (Regulation and Development) Act,
2016 (16 of 2016), Telangana Real Estate (Regulation and
Development) (General) Rules, 2016 etc or determination by, or
any interpretation or administration having the force of law in the
State of Telangana whether in effect as of the date of this
Agreement or at any time hereafter. However the Parties herein
agree to comply with all the provisions of RERA and state
regulations in the implementation of the project and further if
required the Purchaser hereby agrees and undertakes to enter in to
Supplemental Agreements if any with the Promoter as and when
required to amend terms of this Agreement in consonance with the
RERA and State Rules including any amendments thereof.

6
I. The Parties hereby confirm that they are signing this Agreement with full
knowledge of all the laws, rules, regulations, notifications, etc., applicable
to the Project;

J. 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;

K. 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
Schedule ‘A’ Apartment.

NOW THEREFORE, in consideration of the mutual representations,


covenants, assurances, promises and agreements contained herein and
other good and valuable consideration, the Parties agree as follows:

1. TERMS:

1.1. Subject to the terms and conditions as detailed in this Agreement, the
Promoter agrees to sell to the Allottee and the Allottee hereby agrees to
purchase, the Apartment as specified in Para-G.

1.2. The Total Price for the Apartment based on the Saleable area is
Rs.__________________________ (Rupees _______________________
only ("Total Price"):-

Block/Building/Tower No.Q Rate of Apartment per square


Apartment No. ___________ feet is Rs._______/-
Floor ________

Basic sale price for Saleable built-up area


of ______ Sq.ft is Rs.__________/-

Car Parking (Single/Double) Rs.__________/-

Infrastructure Charges (Electricity, Water,


Gas, Sewage Treatment Plant etc.) Rs.__________/-

Amenities & Club Membership Rs.__________/-

Documentation & Legal Charges Rs.__________/-


Total Price excluding Taxes

7
Applicable Taxes Rs.__________/-

Total Price

The above total price is exclusive of other charges payable by the


Purchaser as detailed in the Schedule ‘C’ hereunder)
_______________

Explanation:

(i) The Total Price above includes the booking amount paid by the
allottee to the Promoter towards the Apartment;

(ii) The Total Price above includes Taxes (consisting of tax paid or
payable by the Promoter by way of GST 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) up to the date of handing over the possession of the
apartment/plot to the allottee and the project to the association of
Allottees 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 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 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 provided that Stamp Duty,
Registration fee, mutation charges shall be paid by the allottee as
per actuals over and above the total price.

(iii) The Promoter shall periodically intimate in writing to the Allottee,


the amount payable as stated in (i) and (ii) above and the Allottee
shall make payment demanded by the Promoter within the time and
in the manner specified therein. In addition, the Promoter shall
provide to the Allottee 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 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 etc. and includes cost for providing all
other facilities, amenities and specifications to be provided as per
the agreement within the Apartment and the Project.

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1.3. The Total Price is escalation-free, save and except increases which the
Allottee 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 for increase in development charges, cost/charges
imposed by the competent authorities, the Promoter shall enclose the said
notification/ order/rule/regulation to that effect along with the demand
letter being issued to the Allottee, 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. The Allottee(s) shall make the payment as per the payment plan set out in
Schedule C (“Payment Plan”).

1.5. The Promoter may allow, in its sole discretion, a rebate for early
payments of installments payable by the Allottee by discounting such
early payments for the period by which the respective installment has
been pre-poned. The provision for allowing rebate and such rate of rebate
shall not be subject to any revision/withdrawal, once granted to an
Allottee by the Promoter.

1.6. It is agreed that the Promoter shall not make any additions and
alterations in the sanctioned plans and specifications and the nature of
fixtures, fittings and amenities described herein at Schedule ‘D’ and
Schedule ‘E’ (which shall be in conformity with the advertisement,
prospectus etc., on the basis of which sale is effected) in respect of the
apartment, plot or building, as the case may be, without the previous
written consent of the Allottee 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, or such minor changes or alterations as per
the provisions of the Act, on such terms as may be agreed. The Promoter
shall not be liable for any manufacturing or other defects of any branded
inputs or fixtures or services of any third party mentioned in the
schedule/annexure to this agreement, unless it results in structural defect.
The Association of Allottees shall take the responsibility for proper safety,
maintenance (including continuance of annual maintenance/insurance
contracts/agreements) and upkeep of all the fixtures, equipment and
machinery provided by the Promoter, for which the Promoter shall not be
liable after handing over.

1.7. The Promoter shall confirm to the final carpet and Saleable area that has
been allotted to the Allottee after the construction of the Building is
complete and the occupancy certificate* is granted by the competent
authority, by furnishing details of the changes, if any, in the carpet area
or the Saleable Area. The total price payable for the carpet area shall be
recalculated upon confirmation by the Promoter. If there is reduction in
the carpet area or the Saleable Area then the Promoter shall refund the

9
excess money paid by Allottee within forty-five days with annual interest
at the rate prescribed in the Rules, from the date when such an excess
amount was paid by the Allottee. If there is any increase in the carpet
area or the Saleable Area, which is not more than three percent of the
carpet area of the apartment, allotted to Allottee, the Promoter may
demand that from the Allottee as per the next milestone of the Payment
Plan as provided in Schedule C. All these monetary adjustments shall be
made at the same rate per square feet as agreed in Para-1.2 of this
Agreement.

1.8. Subject to Para-9.3, the Promoter agrees and acknowledges, the Allottee
shall have the right to the Apartment as mentioned below:

(i) The Allottee shall have exclusive ownership of the Apartment;

(ii) The Allottee shall also have undivided proportionate share in the
Common Areas. Since the share / interest of Allottee in the
Common Areas is undivided and cannot be divided or separated,
the Allottee shall use the Common Areas along with other
occupants, maintenance staff etc., without causing any
inconvenience or hindrance to them. It is clarified that the promoter
shall hand over the common areas to the association of Allottees
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 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 (as per law) in the common
areas, maintenance charges as per Para-11 etc. and includes cost
for providing all other facilities, amenities and specifications to be
provided as per the agreement within the Apartment 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.

1.9. It is made clear by the Promoter and the Allottee agrees that the
Apartment along with ____ garage/covered parking/s 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 except
for the purpose of integration of infrastructure for the benefit of the
Allottee (like club house). It is clarified that Project’s facilities and
amenities shall be available only for use and enjoyment of the Allottees of
the Project.

10
1.10. The Promoter agrees to pay all outgoings before transferring the physical
possession of the apartment to the Allottees, which it has collected from
the Allottees, for the payment of outgoings (including land cost [either
directly or by way of share in the project], 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 collected by it from the
Allottees or any liability, mortgage loan and interest thereon before
transferring the apartment to the Allottees, the Promoter agrees to be
liable, even after the transfer of the property, to pay such outgoings 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 there for by such authority or person.

1.11. The Allottee has paid a sum of Rs.__________________ (Rupees


______________________________ only) as booking amount being part
payment towards the Total Price of the Apartment 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 as
prescribed in the Payment Plan [Schedule C] as may be demanded by the
Promoter within the time and in the manner specified therein:

Provided that if the allottee delays in payment towards any amount which
is payable, he shall be liable to pay interest at the rate prescribed in the
Rules.

2. MODE OF PAYMENT:

Subject to the terms of the Agreement and the Promoter abiding by the
construction milestones, the Allottee shall make all payments, on written
demand through Electronic Mail (E-mail) by the Promoter, within the
stipulated time as mentioned in the Payment Plan [Schedule C] through
A/c Payee cheque/demand draft/bankers cheque or online payment (as
applicable) in favour of CYBER HOMES payable at Hyderabad.

3. COMPLIANCE OF LAWS RELATING TO REMITTANCES:

3.1. The Allottee, if resident outside India, shall be solely responsible for
complying with the necessary formalities as laid down in Foreign Exchange
Management Act, 1999, Reserve Bank of India Act, 1934 and the Rules
and Regulations made thereunder or any statutory amendment(s)
modification(s) made thereof and all other applicable laws including that
of remittance of payment acquisition/ sale/transfer of immovable
properties in India etc. and provide the Promoter with such permission,
approvals 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 Foreign
Exchange Management Act, 1999 or the statutory enactments or
amendments thereof and the Rules and Regulations of the Reserve Bank
of India or any other applicable law. The Allottee understands and agrees

11
that in the event of any failure on his/her part to comply with the
applicable guidelines issued by the Reserve Bank of India, he/she may be
liable for any action under the Foreign Exchange Management Act, 1999
or other laws as applicable, as amended from time to time.

3.2. The Promoter accepts no responsibility in regard to matters specified in


Para-3.1 above. The Allottee shall keep the Promoter fully indemnified and
harmless in this regard. Whenever there is any change in the residential
status of the Allottee subsequent to the signing of this Agreement, it shall
be the sole responsibility of the Allottee to intimate the same in writing to
the Promoter immediately and comply with necessary formalities if any
under the applicable laws. The Promoter shall not be responsible towards
any third party making payment/remittances on behalf of any Allottee and
such third party shall not have any right in the application/allotment of
the said apartment applied for herein in any way and the Promoter shall
be issuing the payment receipts in favour of the Allottee only.

4. ADJUSTMENT/APPROPRIATION OF PAYMENTS:

The Allottee authorizes the Promoter to adjust/appropriate all payments


made by him/her under any head(s) of dues against lawful outstanding of
the allottee against the Apartment, 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 to the Allottee and the common
areas to the association of Allottees or the competent authority, as the
case may be.

6. CONSTRUCTION OF THE PROJECT/ APARTMENT:

The Allottee has seen the proposed Building plan, specifications, amenities
and facilities of the Apartment and accepted the floor plan, payment plan
and the specifications, 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 Building 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 Greater Hyderabad
Municipal Corporation Act 1955 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 the Agreement.

7. POSSESSION OF THE APARTMENT:

12
7.1. Schedule for possession of the said Apartment:

The Promoter agrees and understands that timely delivery of possession


of the Apartment to the allottee and the common areas to the association
of Allottees or the competent authority, as the case may be, is the
essence of the Agreement. The Promoter assures to hand over possession
of the Apartment along with ready and complete common areas with all
specifications, amenities and facilities of the project in place on
December 2022, unless there is delay or failure due to war, flood,
drought, fire, cyclone, earthquake or any other calamity caused by nature
or any Court stay or Government order affecting the regular development
of the real estate project (“Force Majeure”). If, however, the completion of
the 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, provided that such Force
Majeure conditions are not of a nature which make it impossible for the
contract to be implemented. The Allottee 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 the entire
amount received by the Promoter from the allotment within 90 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 agrees that he/ she shall not have any
rights, claims etc. against the Promoter and that the Promoter shall be
released and discharged from all its obligations and liabilities under this
Agreement.

7.2. Procedure for taking possession:

The Promoter, upon obtaining the occupancy certificate from the


competent authority shall offer in writing the possession of the Apartment,
to the Allottee who has paid all the amounts in terms of this Agreement to
be taken within two months from the date of issue of occupancy
certificate. If the allottee fails to take delivery within the time specified in
the notice, he shall be liable for payment of all ongoings including
maintenance charges from the date of notice. The Promoter agrees and
undertakes to indemnify the Allottee in case of failure of fulfillment of any
of the provisions, formalities, documentation on part of the Promoter. The
promoter shall not be liable for any defect or deficiency occasioned on
account of any act or omission on the part of the allottee or any authority
or third party on whom the promoter has no control. The Allottee, after
taking possession, agree(s) to pay the maintenance charges as
determined by the Promoter/association of Allottees. The promoter shall
hand over the occupancy certificate of the apartment to the allottee at the
time of conveyance of the same.

7.3. Failure of Allottee to take Possession of Apartment:

Upon receiving a written intimation from the Promoter as per Para-7.2,


the Allottee shall take possession of the Apartment from the Promoter by
executing necessary indemnities, undertakings and such other

13
documentation as prescribed in this Agreement, and the Promoter shall
give possession of the Apartment to the allottee. In case the Allottee fails
to take possession within the time provided in Para-7.2, such Allottee shall
continue to be liable to pay maintenance charges an amount of
Rs._______ as specified in Para-7.2.

7.4. Possession by the Allottee:

After obtaining the occupancy certificate and handing over physical


possession of the Apartment to the Allottees, it shall be the responsibility
of the Promoter to hand over the necessary documents and plans,
including common areas to the association of Allottees within thirty days
after obtaining the completion certificate.

7.5. Cancellation by Allottee:

The Allottee shall have the right to cancel/withdraw his allotment in the
Project only as provided in the Act: Provided that where the allottee
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
shall be returned by the promoter to the allottee within three months of
such cancellation or at the time that the Promoter is able to resell the said
Apartment to another purchaser, whichever is later.

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 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 Apartment (i) in
accordance with the terms of this Agreement, duly completed by the date
specified in Para-7.1; or (ii) due to discontinuance of his business as a
developer on account of suspension or revocation of the registration under
the Act; or for any other reason; the Promoter shall be liable, on demand
to the Allottees, 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, with interest at the
rate prescribed in the Rules including compensation in the manner as
provided under the Act within ninety days of it becoming due. Provided
that where if the Allottee does not intend to withdraw from the Project,
the Promoter shall pay the Allottee interest at the rate prescribed in the
Rules for every month of delay, till the handing over of the possession of
the Apartment, which shall be paid by the promoter to the allottee within
ninety days of it becoming due.

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8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:

1. The Promoter hereby represents and warrants to the Allottee as follows:

(i) The Vendors/Landowners have absolute, clear and marketable title


with respect to the said Land and the Promoter has 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;

(i) The Promoter has lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project;

(ii) There are no encumbrances upon the said Land or the Project

(iii) There are no litigations pending before any Court of law or


Authority with respect to the said land or Project except those
disclosed in the title report.

(iv) All approvals, licenses and permits issued by the competent


authorities with respect to the Project, said Land and Apartment 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, said Land, Building and Apartment and common
areas;

(v) 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 created herein, may
prejudicially be affected;

(vi) 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 Apartment which will, in any manner, affect
the rights of Allottee under this Agreement;

(vii) The Promoter confirms that the Promoter is not restricted in any
manner whatsoever from selling the said Apartment to the Allottee
in the manner contemplated in this Agreement;

(viii) At the time of execution of the conveyance/Sale deed the Promoter


shall handover lawful, vacant, peaceful, physical possession of the
Apartment to the Allottee and the common areas to the association
of Allottees or the competent authority, as the case may be;

(ix) 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 penalties and other
outgoings, whatsoever, payable with respect to the said project to
the competent Authorities till the completion certificate has been

15
issued and possession of apartment, plot or building, as the case
may be, along with common areas (equipped with all the
specifications, amenities and facilities) has been handed over to the
allottee and the association of Allottees or the competent authority,
as the case may be;

(x) No notice from the Government or any other local body or authority
or any legislative enactment, government ordinance, order,
notification (including any notice for acquisition or requisition of the
said property) has been received by or served upon the Promoter in
respect of the said Land and/or the Project except those disclosed
in the title report.

2. The Allottee/s or himself/themselves with intention to bring all persons


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

(i) To maintain the Apartment at the Allottee's own cost in good and
tenantable repair and condition from the date that of possession of
the Apartment is taken and shall not do or suffer to be done
anything in or to the building in which the Apartment is situated
which may be against the rules, regulations or bye-laws or
change/alter or make addition in or to the building in which the
Apartment is situated and the Apartment itself or any part thereof
without the consent of the local authorities, if required.

(ii) Not to store in the Apartment any goods which are of hazardous,
combustible or dangerous nature or are so heavy as to damage the
construction or structure of the building in which the Apartment is
situated or storing of which goods is objected to by the concerned
local or other authority and shall take care while carrying heavy
packages which may damage or likely to damage the staircases,
common passages or any other structure of the building in which
the Apartment is situated, including entrances of the building in
which the Apartment is situated and in case any damage is caused
to the building in which the Apartment is situated or the Apartment
on account of negligence or default of the Allottee in this behalf, the
Allottee shall be liable for the consequences of the breach.

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

(iv) Not to demolish or cause to be demolished the Apartment or any


part thereof, nor at any time make or cause to be made any

16
addition or alteration of whatever nature in or to the Apartment or
any part thereof, nor any alteration in the elevation and outside
colour scheme of the building in which the Apartment is situated
and shall keep the portion, sewers, drains and pipes in the
Apartment and the appurtenances thereto in good tenantable repair
and condition, and in particular, so as to support shelter and
protect the other parts of the building in which the Apartment is
situated and shall not chisel or in any other manner cause damage
to columns, beams, walls, slabs or RCC, Pardis or other structural
members in the Apartment without the prior written permission of
the Promoter and/or the Society or the Limited Company.

(v) Not to do or permit to be done any act or thing which may render
void or voidable any insurance of the project land and the building
in which the Apartment is situated or any part thereof or whereby
any increased premium shall become payable in respect of the
insurance.

(vi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit
the same to be thrown from the said Apartment in the compound or
any portion of the project land and the building in which the
Apartment is situated.

(vii) Pay to the Promoter within fifteen days of demand by the Promoter,
his share of security deposit demanded by the concerned local
authority or Government for giving water, electricity or any other
service connection to the building in which the Apartment is
situated.

(viii) To bear and pay increase in local taxes, water charges, insurance
and such other levies, if any, which are imposed by the concerned
local authority and/or Government and/or other public authority, on
account of change of user of the Apartment by the Allottee for any
purposes other than for purpose for which it is sold.

(ix) The Allottee shall observe and perform all the rules and regulations
which the Society or the Limited Company or Apex Body or
Federation or Association may adopt at its inception and the
additions, alterations or amendments thereof that may be made
from time to time for protection and maintenance of the said
building and the Apartments therein and for the observance and
performance of the Building Rules, Regulations and Bye-laws for the
time being of the concerned local authority and of Government and
other public bodies. The Allottee shall also observe and perform all
the stipulations and conditions laid down by the Society/Limited
Company/Apex Body/Federation/ Association regarding the
occupancy and use of the Apartment in the Building and shall pay
and contribute regularly and punctually towards the taxes,
expenses or other out-goings in accordance with the terms of this
Agreement.

(x) Till a conveyance of the common areas, services and amenities of

17
the building/Project in which Apartment is situated is executed in
favour of Society/Limited Company/Association and till all the total
built up area/units are sold off, the Allottee shall permit the
Promoter and their surveyors and agents, with or without workmen
and others, at all reasonable times, to enter into and upon the said
buildings or any part thereof to view and examine the state and
condition thereof.

(xi) Till a conveyance of the common areas, services and amenities of


the building/project in which Apartment is situated is executed in
favour of Apex Body/Federation/Association and till all the total
built up area/units are sold off, the Allottee shall permit the
Promoter and their surveyors and agents, with or without workmen
and others, at all reasonable times, to enter into and upon the
project or any part thereof to view and examine the state and
condition thereof.

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:

(i) Promoter fails to provide ready to move in possession of the


Apartment to the Allottee within the time period specified in Para-
7.1 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 para, 'ready to move in
possession' shall mean that the apartment 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 of his registration under the
provisions of the Act or the rules or regulations made there-under.

9.2. In case of Default by Promoter under the conditions listed above, Allottee
is entitled to the following:

(i) Stop making further payments to Promoter as demanded by the


Promoter. If the Allottee stops making payments, the Promoter
shall correct the situation by completing the construction milestones
and only thereafter the Allottee be required to make the next
payment without any interest; or

(ii) The Allottee 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 under any head whatsoever towards the
purchase of the apartment, along with interest at the rate
prescribed in the Rules within ninety days of receiving the

18
termination notice: Provided that where an Allottee does not intend
to withdraw from the project or terminate the Agreement, he shall
be paid, by the promoter, interest at the rate prescribed in the
Rules, for every month of delay till the handing over of the
possession of the Apartment, which shall be paid by the promoter
to the allottee within ninety days of it becoming due.

9.3. The Allottee shall be considered under a condition of Default, on the


occurrence of the following events:-

(i) In case the Allottee fails to make payments for 3 consecutive


demands/Reminders made by the Promoter as per the Payment
Plan annexed hereto, despite having been issued notice in that
regard the allottee shall be liable to pay interest to the promoter on
the unpaid amount at the rate prescribed in the Rules;

(ii) In case of Default by Allottee under the condition listed above


continues for a period beyond one consecutive month after notice
from the Promoter in this regard, the Promoter may cancel the
allotment of the Apartment in favour of the Allottee and refund the
money paid to him by the allottee 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. The amount shall be repaid by the Promoter within a
period of ninety days after termination or the date on which the
Promoter is able to resell the Apartment/Plot to another purchaser,
whichever is later.

10. CONVEYANCE OF THE SAID APARTMENT:

The Promoter, on receipt of Total Price of the Apartment as per Para-1.2


under the Agreement from the Allottee, shall execute a conveyance/sale
deed and convey the title of the Apartment together with proportionate
indivisible share in the Common Areas within 3 months from the date of
issuance of the occupancy certificate and the completion certificate, as the
case may be, to the allottee. However, in case the Allottee fails to deposit
the stamp duty and/or registration charges within the period mentioned in
the notice, the Allottee 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.

11. MAINTENANCE OF THE SAID BUILDING/APARTMENT/PROJECT:

1. The Promoter shall be responsible to provide and maintain essential


services in the Project till the taking over of the maintenance of the
project by the association of Allottees and the cost of maintenance
shall be borne by the Promoter and the Allottees, proportionate to
the apartments/buildings in their respective occupation. The
facilities like Club House and service connections, like water and
sewerage supply, which are common to the entire project
undertaken in phases, shall be jointly maintained by the Promoter

19
and the Association till the entire project is completed. The Club
House and its services shall be subject to user charges as may be
fixed by the Management of the Club House or as the case may be
the service provider, from time to time.

2. All other infrastructural facilities, including the equipment like lift,


elevator, mechanical, electrical or electronic equipment, STP, etc.,
shall always be covered by appropriate annual maintenance
agreements and insurance agreements with the authorized service
providers and the costs of such AMC and Insurance shall be part of
the maintenance charges payable by the occupants. Unless the
possession is delivered to the allottee, the Promoter shall be the
occupant in respect of any apartment/building.

12. DEFECT LIABILITY:

1. 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 the agreement for sale relating
to such development is brought to the notice of the Promoter within
a period of 5 (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 30 (thirty) days, and in the
event of Promoter’s failure to rectify such defects within such time,
the aggrieved Allottees shall be entitled to receive appropriate
compensation in the manner as provided under the Act.

2. Notwithstanding anything contained in the above clause the


following exclusions are made

a. Equipment (lifts, generator, motors, STP, transformers, gym


equipment etc) which carry manufacturer’s guarantees for a
limited period. Thereafter the welfare association /society
shall take annual maintenance contract with the suppliers.
The Promoter shall transfer manufacturers
guarantees/warrantees to the allottee or association of
Allottees as the case may be.

b. Fittings related to plumbing, sanitary, electrical, hardware,


etc. having natural wear and tear.

c. Allowable structural and other deformations including


expansion quotient.

d. The terms of work like painting etc. which are subject to


wear and tear.

3. The Allottees shall maintain the apartments in good tenantable


conditions and carry out the internal repairs for the upkeep of the
apartments. The association of the Allottees or its assigns shall
maintain the services and amenities in good condition and covered
with proper AMC and insurance. The obligation of the developers

20
shall be subject to proper maintenance and upkeep of the
apartments/services and amenities by the allottee or the
association of the Allottees as the case may be.

13. RIGHT TO ENTER THE APARTMENT FOR REPAIRS:

The Promoter / maintenance agency /association of Allottees shall have


rights of unrestricted access of all Common Areas, garages/covered
parking and parking spaces for providing necessary maintenance services
and the Allottee agrees to permit the association of Allottees and/or
maintenance agency to enter into the Apartment 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 and Service Areas: The basement(s) and service areas,
if any, as located within the ‘RAINBOW VISTAS @ ROCK GARDEN',
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 shall not be 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
use by the association of Allottees formed by the Allottees for rendering
maintenance services.

15. GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT:

15.1. Subject to Para-12 above, the Allottee shall, after taking possession, be
solely responsible to maintain the Apartment at his/her own cost, in good
repair and condition and shall not do or suffer to be done anything in or to
the Building, or the Apartment, or the staircases, lifts, common passages,
corridors, circulation areas, atrium or the compound which may be in
violation of any laws or rules of any authority or change or alter or make
additions to the Apartment and keep the Apartment, its walls and
partitions, sewers, drains, pipe 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 guarantees that he/she
would not put any sign-board / name-plate, neon light, publicity material
or advertisement material etc. on the face / facade of the Building or
anywhere on the exterior of the Project, buildings therein or Common
Areas. The Allottees shall also not change the colour scheme of the outer
walls or painting of the exterior side of the windows or carry out any
change in the exterior elevation or design. Further the Allottee shall not

21
store any hazardous or combustible goods in the Apartment or place any
heavy material in the common passages or staircase of the Building. The
Allottee shall also not remove any wall, including the outer and load
bearing wall of the Apartment.

15.3. The Allottee shall plan and distribute its electrical load in conformity with
the electrical systems installed by the Promoter and thereafter the
association of Allottees and/or maintenance agency appointed by
association of Allottees. The Allottee shall be responsible 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 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(s) anywhere in the Project after the building plan,
layout plan, sanction plan and specifications, amenities and facilities has
been approved by the competent authority(ies) and disclosed, except for
as provided in the Act.

18. MORTGAGE OR CREATE A CHARGE:

Notwithstanding any other term of this Agreement, the Allottee hereby


authorizes and permits the Promoter to raise finance/loan from any
institution / company / bank by any mode or manner by way of
charge/mortgage/securitization of the Apartment / Project / Building or
the land underneath or the receivables, subject to the condition that the
Apartment shall be made free from all encumbrances at the time of
execution of Sale Deed in favour of the Allottee(s). The allottee shall be
informed about the same at the time of agreement.

19. FORMATION OF ASSOCIATION OF ALLOTTEES AND CONSENT OF


ALLOTTEES):

The Promoter shall take the following steps to enable formation of an


Association of Allottees under Section 11(4)(e) of the Act:-
(a) With respect to a real estate project, the Promoter shall submit an
application to the Registrar for registration of the Association of
Allottees as a society under the A.P. Societies Registration Act,
2001 within two months from the date on which the occupation
certificate in respect of such project is issued and a minimum of
sixty per cent of the total Allottees in such a project have taken
possession and the Promoter has received the full consideration
from such Allottees. All the Allottees on payment of full
consideration shall become members of such Association of
Allottees formed by the Promoter.
22
(b) If the promoter fails to form the Association of Allottees, the
Authority shall by an order direct the Promoter to apply for
formation of such Association or may authorize the Allottees to
apply for formation of the said Association.

(c) Notwithstanding any other rule, after conveying the title to the
Association of Allottees under Section 17, the Promoter shall
continue to have the rights and entitlement to advertise, market,
book, sell or offer to sell or allot to person to purchase any
apartment or building or plot which is still not sold or allotted and
shall be deemed to have been allowed to do so by the Association
of Allottees without any restriction or entry of the building and
development of common areas.

20. BINDING EFFECT:

Forwarding this Agreement to the Allottee by the Promoter does not


create a binding obligation on the part of the Promoter or the Allottee
until, firstly, the Allottee signs and delivers this Agreement with all the
schedules along with the payments due as stipulated in the Payment Plan
within 30 (thirty) days from the date of receipt by the Allottee and
secondly, appears for registration of the same before the concerned Sub-
Registrar, Serilingampally, Ranga Reddy District 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 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 for rectifying the default, which if not
rectified within 30 (thirty) days from the date of its receipt by the Allottee,
application of the Allottee shall be treated as cancelled and all sums
deposited by the Allottee in connection therewith including the booking
amount shall be returned to the Allottee without any interest or
compensation whatsoever.

21. 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.

22. RIGHT TO AMEND:

This Agreement may only be amended through written consent of the


Parties.

23. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE/


SUBSEQUENT ALLOTTEES:

23
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 Apartment and the Project shall equally be
applicable to and enforceable against and by any subsequent Allottees of
the Apartment, in case of a transfer, as the said obligations go along with
the Apartment for all intents and purposes.

24. WAIVER NOT A LIMITATION TO ENFORCE:

24.1. The Promoter may, at its sole option and discretion, without prejudice to
its rights as set out in this Agreement, waive the breach by the Allottee in
not making payments as per the Payment Plan [Annexure C] including
waiving 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.

24.2. Failure on the 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.

25. SEVERABILITY:

If any provision of this Agreement shall be determined to be void or


unenforceable under the Act or the Rules and Regulations made
thereunder or under other applicable laws, such provisions of the
Agreement shall be deemed amended or deleted in so far as reasonably
inconsistent with the purpose of this Agreement and to the extent
necessary to conform to Act or the Rules and Regulations made
thereunder or the applicable law, as the case may be, and the remaining
provisions of this Agreement shall remain valid and enforceable as
applicable at the time of execution of this Agreement. ]

26. METHOD OF CALCULATION OF PROPORTIONATE SHARE


WHEREVER REFERRED TO IN THE AGREEMENT:

Wherever in this Agreement it is stipulated that the Allottee has to make


any payment, in common with other Allottee(s) in Project, the same shall
be the proportion which the carpet area of the Apartment bears to the
total carpet area of all the Apartments in the Project.

27. 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.

24
28. PLACE OF EXECUTION:

The execution of this Agreement shall be complete only upon its execution
by the Promoter through its authorized signatory at the Promoter’s Office
in and 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 Serilingampally, Ranga
Reddy District under GHMC limits. Hence this Agreement shall be deemed
to have been executed at Hyderabad.

29. NOTICES:

That all 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 as shown in the cause title of the above.

It shall be the duty of the Allottee and the Promoter to inform each other
of any change in address 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, as the case may be.

30. JOINT ALLOTTEES:

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 Allottees.

31. SAVINGS:

Any application letter, allotment letter, agreement, 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 this 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 under the
Agreement for Sale or under the Act or the rules or the regulations made
thereunder.

32. 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
and the Rules and Regulations made thereunder including other applicable
laws of India for the time being in force.

33. DISPUTE RESOLUTION:

All or any disputes arising out or touching upon or in relation to the terms
and conditions of this Agreement, including the interpretation and validity
of the terms thereof and the respective rights and obligations of the

25
Parties, shall be settled amicably by mutual discussion, failing which the
same shall be settled through the adjudicating officer appointed under the
Act.

ADDITIONAL TERMS:

34. NOT TO ALTER NAME:

The Purchaser/s or the Association of the Owners of the Apartments shall


not alter or subscribe to the alteration of the name of `RAINBOW
VISTAS @ ROCK GARDEN' in Schedule Project Land and/or alter the
names assigned to the Blocks therein. The Purchaser/s acknowledge,
agree and understand that the name `RAINBOW VISTAS @ ROCK
GARDEN' is final for the Schedule Project land.

35. INDULGENCE:

Any delay tolerated or indulgence shown by the VENDOR/PROMOTER/


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

36. CUSTODY:

This Agreement is prepared in two sets. One set will be with the
VENDOR/PROMOTER/DEVELOPER herein, the other set will be with the
Allottee/Purchaser and both sets are treated as Originals by the Parties.

37. ASSIGNMENT:

The Purchaser/s shall not assign/transfer his/her/their interest under this


Agreement without the prior written consent of the
VENDOR/PROMOTER/DEVELOPER herein. It is explicitly made clear that
the VENDOR/PROMOTER/DEVELOPER herein is not obligated to give its
consent for any assignment/transfer by the Purchaser/s as this contract is
exclusive in nature. The VENDOR/PROMOTER/DEVELOPER herein is not
obligated to give its consent for any assignment/transfer till their primary
sale of all Apartments is fully completed.

38. It is also agreed that, in the event the VENDOR/PROMOTER/DEVELOPER


herein gives its consent for assignment/transfer of Purchaser's/s' interest
in this Agreement, the Assignee/s shall comply with all the terms and
conditions which the Purchaser/s is/are required to comply and pay the
total sale consideration under this agreement and further the
VENDOR/PROMOTER/DEVELOPER herein shall be entitled to charge
Rs.200/- (Rupees Two Hundred Only) per Sq.ft. of the Schedule `A'
Apartment as their administrative charges and transfer fee for giving
such consent.

26
39. It is also made clear that the Purchaser/s will not be able to assign
his/her/their rights in parts/portions i.e., the Purchaser/s will have to
either assign all his/her/their rights under this Agreement or otherwise
shall not be entitled to assign his/her/their rights at all. In the event of
the VENDOR/PROMOTER/DEVELOPER herein granting such permission, the
Allottee/Purchaser and his assignee/nominee ensure to execute the
required documentation at their cost as advised by the
VENDOR/PROMOTER/DEVELOPER herein and pay the necessary taxes,
duties that are associated with such transfer.

40. INTERIOR WORK:

All the interior related works that the Purchaser/s may undertake upon
his/her/their own can be taken up only after handing over possession of
the apartment to the Purchaser/s by the
VENDOR/PROMOTER/DEVELOPER herein without disturbing the structure
like beams, columns etc. The Purchaser/s shall carry out interior works on
all days (except Sundays and public holidays) during the day time
between 8 A.M. and 7 P.M. The VENDOR/PROMOTER/DEVELOPER herein
do not owe any responsibility for any breakages, damages caused to
any of the finishing works or to the structure already handed over to
the Purchaser/s but originally carried out by the
VENDOR/PROMOTER/DEVELOPER herein. The
VENDOR/PROMOTER/DEVELOPER herein is not answerable for any thefts
during the course of the interior works. The Interiors should be completed
within 3 months from the date of taking over possession of the
Apartment. No person / interior worker shall be permitted to reside in the
apartment/flat during the period of execution of interior works. The
Purchaser/s shall pay a penalty of Rs.3,000/- per month for interiors done
beyond 3 months period. While undertaking the interior works, if any
damage is caused to the structures or facilities in the common areas and
facilities in the project, the Allottee/Purchaser shall bear and pay the
charges incurred by the VENDOR/PROMOTER/DEVELOPER herein or the
Association as the case may be towards undertaking repair of the same
and the Allottee/Purchaser shall pay the amount as demanded by the
VENDOR/PROMOTER/DEVELOPER herein or Association as the case may
be and the quantum of amount assessed for such repairs by the
VENDOR/PROMOTER/DEVELOPER herein shall be final and binding on the
Purchaser.

41. The VENDOR/PROMOTER/DEVELOPER herein reserves the right to


retain/remove/plant any trees/plants, electrical equipment, road
structures/driveways, garbage bins etc., in the Schedule Project land till
the completion of the project. The Purchasers/s has/have expressly given
consent for variations and/or modifications as the
Architect/VENDOR/PROMOTER/DEVELOPER herein may consider necessary
from time to time during the course of construction and during the period
which the VENDOR/PROMOTER/DEVELOPER herein undertakes the
administration of maintenance of common areas, amenities and facilities
subject to the required permissions from the authorities. The Architect
and VENDOR/PROMOTER/DEVELOPER herein is the final decision makers
on these aspects and the Purchasers/s shall not interfere or question

27
the design, construction processes etc., implemented by the
VENDOR/PROMOTER/DEVELOPER herein.
42. The VENDOR/PROMOTER/DEVELOPER herein has the right to raise/borrow
any amounts in the form of project loans/NCDs/secured or unsecured
loans against this project by mortgaging land/structures or securitizing
the amounts receivable by the VENDOR/PROMOTER/DEVELOPER herein on
the sale of Apartments in ‘`RAINBOW VISTAS @ ROCK GARDEN'’.
However, VENDOR/PROMOTER/DEVELOPER herein shall obtain the
required NOC for the purchaser/s for enabling him/her to raise
his/her/their housing loan/registering the Apartment in his favor as may
be required.

43. The VENDOR/PROMOTER/DEVELOPER herein has the right to instruct the


Purchaser/s to remit the installments payable under this Agreement with
standing instructions to the bank accounts of the
VENDOR/PROMOTER/DEVELOPER herein which may be in the nature of
Current Accounts/Over Draft Accounts/Loans Accounts/Escrow Accounts
as the case may be and the Purchaser/s agrees to confirm such
compliance in writing in the manner as may be required to the
VENDOR/PROMOTER/DEVELOPER herein or their Bankers from time to
time.

44. The timing and the mode of execution of the Sale Deed under the
applicable laws in favor of the Purchaser/s would be on receipt of the total
consideration, taxes and other amounts as applicable from the
Purchaser/s and would be in the manner the
VENDOR/PROMOTER/DEVELOPER herein advises the Purchaser/s.

45. The Purchaser/s shall get their complete address registered with the
VENDOR/PROMOTER/DEVELOPER herein and it shall be his responsibility
to inform the VENDOR/PROMOTER/DEVELOPER herein by registered A.D
letter about all subsequent changes in his address, failing which all
demand notices and letters posted at the first registered address will be
deemed to have been received by him at the time when those should
originally reach at such address and he shall be responsible for any
default in making payment and other consequences that might occur
there from.

46. Defects arising from natural wear and tear and any defect resulting on
account of negligent acts of the Purchaser/s or Act of God do not fall
under the scope of maintenance under defect liability. In case of disputes
as to quantity or quality in the construction of Schedule `A’ Apartment,
the decision of the Architect of the project is final and binding.

47. The VENDOR/PROMOTER/DEVELOPER herein has decided to float a Corpus


Fund for the entire High-Rise Multi-Storied Residential Apartment Complex
which is payable by the ultimate Purchasers of the residential
apartments/flats including the purchaser/s herein at the time of delivery
of the possession of the Residential apartments/flats and such Corpus
Fund is fixed at Rs.________/- per Sq. Ft. of Carpet area being
proportionate contribution towards Corpus Fund. The Purchaser/s herein
hereby agrees and undertakes to pay the said amount of Corpus Fund to

28
the VENDOR/PROMOTER/DEVELOPER herein at the time of execution and
registration of Sale Deed in his/her/their favour in respect of the Schedule
‘A’ Apartment.

48. Such fund will be governed and held initially by the


VENDOR/PROMOTER/DEVELOPER herein as a custodian and subsequently
by the Association and after the construction of Complex is completed in
all respects, the said Corpus Fund will be transferred, handed over and
made over to the Association or Society formed among the owners of the
apartments/flats in the complex after its formation.

49. The Association shall keep the said Corpus Fund always in a fixed deposit
with any Nationalized Bank/top three Private Sector Scheduled Banks in
India based on their overall deposit holdings/ Tax free bonds issued by the
Government of India or Undertakings of the Government of India and the
interest/returns earned on such investments from time to time shall be
utilized to meet the long term maintenance expenses and capital
expenses to be incurred for repairs and replacement of the major items
relating to the common amenities such as generators, motors, water
pumps, common lawns, elevators, gates, laying of roads/driveways,
periodical painting of exteriors and common areas of the complex,
pipelines, club infrastructure and facilities, tot lot, children play area
facilities etc. and if at any point of time, such interest generated/earned
on the Corpus Fund is not sufficient to meet such expenditure, such
residue/deficit required shall be contributed by all the owners of the
apartments/flats in the entire Complex in the same proportion in which
they contribute the monthly maintenance charges.

50. The Purchaser/s shall pay to the VENDOR/PROMOTER/DEVELOPER herein


at the time of registration of Sale Deed, a sum of Rs._____/- (Rupees
___________only) per Sq. Ft. of Carpet area of the apartment/flat as
one-time payment towards “Common Area Maintenance Charges” for an
initial period of 2 years with effective from the date on which the
VENDOR/PROMOTER/DEVELOPER herein announces that the
administration and maintenance of the Complex or phases of construction
has became operational. If any point of time, during the period of above
two years, if such onetime payment made towards common area
maintenance charges are not sufficient to meet the expenditure to be
incurred, the Purchaser/s herein and all other Purchasers/s shall pay such
additional sums from time to time as per the demand made by the
VENDOR/PROMOTER/DEVELOPER herein without raising any objection of
whatsoever nature.

51. After the expiry of the initial period of two (2) years, the
VENDOR/PROMOTER/DEVELOPER herein agrees to transfer the
administration of maintenance of the common areas of the Complex to the
Owners Association. However, upon expiry of the said initial period of two
(2) years, the Purchaser/s herein and all other owners/occupants of the
apartments/flats in the project shall regularly pay proportionate monthly
maintenance charges to the Owners Association.

29
52. The Purchaser/s shall permit the VENDOR/PROMOTER/DEVELOPER herein
and/or Maintenance Company and/or Association as the case may be,
their agents, with or without workmen at all reasonable times to enter
into and upon the Schedule `A' Apartment or any part thereof for the
purpose of repairing, maintaining, re-building, cleaning and keeping in
order and condition all services, drains, or other conveniences belonging
to or servicing or used for the Schedule `A' Apartment and also for the
purpose of laying, maintaining, repairing and testing drainage, water
pipes and electric wires and for similar purposes and also for the purpose
of cutting off the supply of water and electricity and other facilities etc.,
to the Schedule `A' Apartment if defaulted in paying their share of the
water, electricity and other charges and proportionate common areas and
facilities monthly maintenance charges.

53. The Purchaser/s shall contribute towards Refundable Caution Deposit of


Rs.25,000/-. This amount shall be paid to the VENDOR/PROMOTER/
DEVELOPER herein before Registration of Sale deed. The fund will be kept
as a deposit with the VENDOR/PROMOTER/DEVELOPER herein and shall be
returned to the Purchaser/s after deducting the charges towards Debris
clearance, damages and any other charges, as the case may be, on
account of interior works carried out by the owner of the apartment/flat
i.e. Allottee/Purchaser herein.

54. CLUB AREA/AMENITIES BLOCK, ITS FACILITIES:

The Club Area/Club Facilities/Amenities Block will be provided by the


VENDOR/PROMOTER/DEVELOPER herein in a particular earmarked space
in the complex to be constructed on the Schedule Project land and the
VENDOR/PROMOTER/DEVELOPER herein will be providing Club Area/Club
Facilities/Amenities area for the use and enjoyment of all
owners/occupants of all the residential apartments/flats in `RAINBOW
VISTAS @ ROCK GARDEN' in Schedule Project Land. All the Purchaser/s
of the apartments/flats in the entire project viz., `RAINBOW VISTAS @
ROCK GARDEN' in Schedule Project Land shall be irrevocably entitled to
use and enjoy the facilities available in the Club Area/Club Facilities/
Amenities area according to the terms and conditions and payment of the
user charges as prescribed by VENDOR/PROMOTER/DEVELOPER herein or
by Agency appointed by VENDOR/PROMOTER/DEVELOPER herein
undertaking the administration of maintenance of such club house or as
per the Bye-laws to be framed and formulated from time to time by the
Association formed among the owners of the apartments/flats in the
entire project as the case may be to administer, run and manage the
amenities.

55. The Club Area/Club Facilities/Amenities area and facilities will be handed
over by the VENDOR/PROMOTER/DEVELOPER herein to the Association at
the time of handing over the administration of maintenance of common
amenities and facilities and on such handing over, the club area, its
facilities/amenities Area shall be to the exclusive ownership and
possession of the association representing all the owners of
apartments/flats as its membeRs.

30
56. The facilities of the Club Area/Club Facilities/Amenities Area are available
for the benefit of the Purchaser/s / owners /occupants of all the
Apartments in `RAINBOW VISTAS @ ROCK GARDEN' and in the event
of transfer of ownership of Schedule ‘A’ Apartment by the Purchaser/s
herein, such transferee will be automatically entitled to the benefits of the
Club Area/Club Facilities/Amenities Area and its facilities and the
transferor shall cease to be the member of the Club Area/Club
Facilities/Amenities Block.

57. As long as the administration of maintenance of common areas, amenities


and facilities are undertaken by the VENDOR/PROMOTER/DEVELOPER
herein, the VENDOR/PROMOTER/DEVELOPER herein shall also undertake
the administration of the Club House Facilities. It is further agreed that
VENDOR/PROMOTER/DEVELOPER herein either by itself or through an
agency appointed by it can undertake administration of maintenance of
Club Facilities and thereafter the activities of the Club House shall be run
by the Owners’ Association/s as envisaged under this Agreement. The
Purchaser/s and other users of the Club House are liable to pay the user
charges for the facilities provided in the Club as may be fixed from time to
time by the VENDOR/PROMOTER/DEVELOPER herein or such Agency
undertaking the maintenance of Club House or the Owners’ Association as
the case may be.

58. The VENDOR/PROMOTER/DEVELOPER herein shall have absolute authority


and discretion to provide licenses, contracts and permits to various
agencies for establishment of various services and facilities etc. All the
contracts to be entered by the VENDOR/PROMOTER/DEVELOPER herein
with various agencies for providing the above facilities and common area
maintenance, security, and their tenure shall be binding on the
Association to be formed among the owners of the Apartments/Flats to
whom the VENDOR/PROMOTER/DEVELOPER herein will hand over the Club
House and its facilities as well as administration of maintenance of
common areas, amenities and facilities.

59. Upon termination of this Agreement, the Purchaser/s shall not have any
claim/s over the Schedule `A' Apartment and/or on the
VENDOR/DEVELOPER herein.

60. The VENDOR herein shall be entitled to deal with Schedule `A' Apartment
as it may deems fit for its benefit without any reference to Purchaser/s.

61. If in the event, the Purchaser/s makes the payment of the arrears within
the time stipulated as per the notice of termination with overdue
interest, the right of the VENDOR/DEVELOPER herein to terminate this
Agreement would lapse for such default and this Agreement continues to
be valid. However, the VENDOR/DEVELOPER herein at its sole discretion
may extend period stipulated herein to receive the unpaid sums with
interest from due date to till the repayment in full with or without any
additional penalty as per the sole decision of the VENDOR/Developer
herein.

31
62. The proportionate undivided share of land to which the Schedule ‘A’
Apartment is entitled to is now mentioned in the Schedule of this
Agreement of Sale. In the event if in implementation of the provisions of
RERA Act and Regulations/Rules made by the State of Telangana if it is
required to transfer the entire project land along with the common areas
of the project only in favour of the Association formed among the owners,
the Landowners and the Developer/Promoter herein undertakes to
execute and register such Deed of Transfer in favour of the Association. If
such transfer of proportionate undivided share of land is permitted in
favour of Purchaser/Allottee of Flat, such extent of proportionate
undivided share of land will be mentioned in the ultimate Sale Deed to be
executed and registered in favour of the Purchaser/Allottee herein. On
the other hand, if the entire project land along with common areas is to
be transferred in favour of the Association, the Purchaser herein and all
other purchasers shall bear and pay not only the Stamp Duty and
Registration Fee payable in respect of the Schedule Flat herein but also
the proportionate Stamp Duty and Registration Fee payable in respect of
such Deed of Transfer to be executed and registered in favour of the
Association.

IN WITNESS WHEREOF parties hereinabove named have set their


respective hands and signed this Agreement for Sale in the presence of attesting
witness, signing as such on the day first above written.

SIGNED AND DELIVERED BY THE WITHIN NAMED:


Please affix
Allottee/Purchaser of Fourth Part: photograph and
Signature__________________________ sign across the
Name_____________________________ photograph
Address ___________________________

SIGNED AND DELIVERED BY THE WITHIN NAMED:


Promoter/Developer: Please affix
VENDOR/LANDOWNER/DEVELOPER OF FIRST PART photograph and
Cybercity Builders & Developers Pvt. Ltd. sign across the
photograph

Signature (Authorized Signatory) _______


Name _____________________________
Address ___________________________

Please affix
SIGNED AND DELIVERED BY THE WITHIN NAMED: photograph and
VENDOR/LANDOWNERS OF SECOND PART sign across the
photograph
32
Rep. by GPA holder i.e., Vendor/Developer of Third Part (Cyber Homes)

Signature (Authorized Signatory) _______


Name _____________________________
Address ___________________________

SIGNED AND DELIVERED BY THE WITHIN NAMED:


VENDOR/DEVELOPER OF THIRD PART (Cyber Homes)
Please affix
photograph and
sign across the
photograph
Signature (Authorized Signatory) _______
Name _____________________________
Address ___________________________

WITNESSES:

1. Signature__________________________
Name_____________________________
Address___________________________

2. Signature__________________________
Name______________________________
Address ___________________________

SCHEDULE PROJECT LAND


(The Premises on which the Complex is raised)

All that the land totally admeasuring Ac.22-07 guntas equivalent to


89,580.61 Sq.Mts in Sy.Nos.81, 101/1, 101/2, 102, 108 to 112(81/A, 81/B,
81/C, 101/1-A, 101/1-B, 101/1-C, 101/2, 102, 108/A, 108/B, 108/C, 109/A,
109/B, 109/C, 110/A, 110/B, 110/C, 111/A, 111/B, 111/C, 112/A, 112/B and
112/C) situated at Moosapet Village, Balanagar Revenue Mandal, Ranga Reddy
District, Telangana and bounded by:-

NORTH : Rainbow Vistas


SOUTH : Property belonging to the VENDOR.
EAST : Property belonging to the VENDOR;
WEST : Property belonging to the VENDOR;

33
SCHEDULE ‘A’ APARTMENT

(The Apartment hereby agreed to be sold to the Purchaser/s)

All that the Residential Apartment/Flat No.____ on ______ Floor in Block


_____ totally admeasuring __________ Sq.ft of saleable area (comprising of
___________ Sq. ft of carpet area, exclusive Balcony area admeasuring _____
Sq.ft and Proportionate common area along with car parking/s lot No/s.
______ in basement/Cellar __________in the Multi-storied Residential
Apartment Complex known as ‘RAINBOW VISTAS @ ROCK GARDEN' being
constructed on the Schedule Project land and the apartment is bounded by:

NORTH :
SOUTH :
EAST :
WEST :

34
SCHEDULE ‘B’ -FLOOR PLAN OF THE APARTMENT

35
SCHEDULE ‘C’ (PAYMENT PLAN)

The total sale consideration for sale of Schedule ‘A’ Apartment is Rs._______/-
(Rupees _____________ only).

The PURCHASER/S/ALOTTEE has already paid to the VENDOR herein


Rs._______/- (Rupees ___________ only) being advance/earnest amount
and the VENDOR herein admits and acknowledges the receipt of the same and
the PURCHASER/S has also paid an amount of Rs._______/- towards GST.

The balance amount of Rs._______/- (Rupees ___________ only) shall be


payable by way of the following installments:

Consid Total
Sl. Particulars Details GST
eration Amount

10% of the sale __


Booking Advance consideration + _______
1 GST ______ _ ________

After casting the 2nd 15% of the sale


2 Floor basement of the consideration + ______ _______
respective Flat GST __ _ ________

After casting the Stilt 15% of the sale


3 Floor Slab of the consideration + ______ _______
respective Flat GST __ _ ________

After casting the 4th 10% of the sale


4 Floor Slab of the consideration + ______ _______
respective Flat GST _ _ ________

After casting the 8th 7% of the sale


5 Floor Slab of the consideration + ______ _______
respective Flat GST _ _ ________

After casting the 12th 7% of the sale


6 Floor Slab of the consideration + ______ _______
respective Flat GST _ _ ________

After casting the 16th 7% of the sale


7 Floor Slab of the consideration +
respective Flat GST

After casting the 20th 7% of the sale


8 Floor Slab of the consideration +
respective Flat GST

After casting the 24th 7% of the sale


9 Floor Slab of the consideration +
respective Flat GST

36
After Completion of
10% of the sale
flooring, doors &
10 consideration +
windows of the ______ _______
GST
respective unit _ _ ________

At the time of 5% of the sale


11 Handover/Registration consideration +
______ _______
(towards flat) GST
__ _ ________

TOTAL 100%

Apart from the above total sale consideration, the PURCHASER/S shall also be liable to pay the
following amounts on the following heads at the time of execution and registration of sale deed.

OTHER CHARGES

Rs.100/- Per SFT


Corpus Fund Rs. ______/-
of Saleable area

Maintenance Charges (For First Two Rs.96/- Per SFT


Rs._______/-
Years) plus applicable taxes of Saleable area

TOTAL Rs. _______/-

The payment should be made by way of Account payee cheque/Demand Draft


favoring “CYBER HOMES” payable at Hyderabad. In case of cheque returns, an
amount of Rs.500/- per each return will be charged as cheque return charges.
Interest will accrue from the due date and company reserves right to initiate
legal recovery measures.

Registration charges – Stamp duty, registration fee etc., at the time of


Registration of this Agreement of sale and ultimate sale deed as per applicable
laws in force, payable by PURCHASER/S.

Applicable Taxes:

A) GST (Subject to change as per the rules/laws from time to time and
payable along with each installment as mentioned in payment
schedule) on total sale consideration & maintenance charges.

B) The Sale Consideration is inclusive of GST benefit, no further input tax


credit will be provided.

37
SCHEDULE “D”
(SPECIFICATIONS, AMENITIES & FACILITIES (WHICH ARE PART OF THE
APARTMENT)

Vaastu 100% Vaastu compliant

Structure RCC Shear wall framed structure, designed for Seismic Zone 2

Double height entrance lobby at podium level flooring and


Lobby
Cladding in Granite / Tiles

4 No’s passenger lifts with SS Finish.


Lifts
1 No goods lift with MS Paint Finish

Drawing, Living & Dining - Vitrified tile flooring – 4’ X 4’


Flooring Bedrooms - Vitrified tile flooring – 2’ X 2’
Anti-skid Ceramic Tiles in Balconies

Vitrified Tiled Flooring – 2’ X 2’


Glazed Ceramic Tile Dado up to 2’ height above kitchen platform
Stainless steel sink with CP Tap and provision for fixing water
purifier
Provision for dish washer at Kitchen
Kitchen and Utility
Utility - Antiskid Ceramic Tile Flooring – 1’ X 1’
Utility - Ceramic Tile Dado – 1’ X 1’
Ceramic Tile Flooring and Dado (1’ X 1’) in the Maid's Toilet (as
applicable)
Provision for Washing machine at utility

Anti-skid Ceramic Tiles Flooring – 1’ X 1’


Ceramic Tiles wall dado up to toilet door height – 1’ X 2’ / 1’ X
1’6”
Artificial Marble / Granite Counter with Ceramic Wash Basin in
toilets
Toilets and Fittings Pedestal Wash Basins in maid Toilet
WCs and Chrome Plated Fittings – Kohler / Roca or equivalent
Single Lever Tap and Shower Mixer – Kohler / Roca or equivalent
Provision for Geysers in all Toilets except the Maid's Toilet

Suspended Pipelines in Toilets concealed within the Grid False


Ceiling

Textured Paint on External Walls


Painting
Internal Walls and Ceilings in Acrylic emulsion
Enamel Paint on all MS Railings

Living & Bed room balcony – Glass railing


Railing

Doors and Windows Main Door – 8’ high -African Teak wood frame and Pre-Moulded
Flushed Shutter in Wood, with PU Polish on Both Sides
Internal Doors – 7’ – 0 “ high – Engineered Wooden Frame and
Flush Shutters with laminate
Balcony Doors - 7’ – 4 ½ “ high - UPVC Framed glazed Sliding /

38
Open able doors with performance Glass ST 467
Windows – 6’ high - UPVC Framed glazed Sliding / Open able
shutters with performance Glass ST 467.
Provision for Mosquito Mesh Shutters

Concealed Wiring with PVC Insulated Copper Wires and Modular


Switches
TV and Telephone Points provided in the Living, Drawing and all
Bedrooms
Electrical
Provision for Installation of Spilt AC in the Living, Drawing, Dining
rooms and all Bedrooms
ELCB and Individual Meters will be provided for all Apartments
100% DG set backup

BMS Services Prepaid electricity and water meters provided for all units

39
SCHEDULE “E”

GENERAL COMMON FACILITIES


 Club House
 Provision for Grocery Store
 Air Conditioned Gym
 Provision for SPA (Men & Women)
 Provision for Beauty Parlor
 Banquet Hall
 Guest Rooms (On Payment basis)
 Yoga & Meditation Hall
 Library Room
 Provision for Pharmacy
 Business Lounge in Club House
 Indoor Games Area (Caroms, TT, Pool Games)
 Facility Management Office with May I Help Counter
 Provision for Utility Payment Office
OPEN AREA AMENITIES

 Swimming Pool & Toddler Pool with Changing Rooms


 Children Play Areas
 Car Wash Area
 Jogging Track
 Recycled Water Usage with STP
 Centralized Gas Connection
 Intercom
 Mail Boxes in the Ground Floor

@@@@@

40
ANNEXURE-A
BRIEF LINK/FLOW OF TITLE IN RESPECT OF SCHEDULE PROJECT LAND:

WHEREAS originally one Hashim Moinuddin being the absolute owner and
possessor of the larger extent of land totally admeasuring Ac.78-35 guntas in
Sy.Nos.81, 101/1, 101/2, 102, 108 to 112 (81/A, 81/B, 81/C, 101/1-A, 101/1-B,
101/1-C, 101/2, 102, 108/A, 108/B, 108/C, 109/A, 109/B, 109/C, 110/A, 110/B,
110/C, 111/A, 111/B, 111/C, 112/A, 112/B, 112/C) situated at Moosapet Village,
Balanagar Revenue Mandal, Ranga Reddy District, Telangana has alienated,
conveyed and transferred the same in favour of one T.Sree Ramuloo, S/o Late
T.Venkaiah through a Sale Deed dated 02-05-1959 vide registered document
No.410 of 1959 in Book-I, Volume-1, Pages 280 & 281 with the office of Sub-
Registrar, Hyderabad West.

WHEREAS said T.Sree Ramuloo, who became the absolute owner and
possessor of the above said larger extent of land, apart from his name, has also
got entered the names of his two sons viz., T.Venkat Rao and T.Raj Kumar and
further the land in various survey numbers was sub-divided and given podi
numbers with respective entitlement to each of them.

WHEREAS thus in the above manner, said T.Sree Ramuloo and his two
sons viz., T.Venkat Rao and T.Raj Kumar became the pattadars, absolute owners
and possessors of the respective extent of land as per the Revenue Records.
Though the said land was shown in the names of said father and two sons, it
was in fact joint property in the hands of said father viz., T.Sree Ramuloo and
his two sons viz., T.Venkat Rao and T.Raj Kumar, Smt. T.Haribhushana (wife of
T.Sree Ramuloo) and five daughters of said T.Sree Ramuloo.

WHEREAS on 18-10-1985, said T.Sree Ramuloo died intestate leaving


behind him, his above named two sons viz., T.Venkat Rao, T.Raj Kumar and his
wife Smt. T.Haribhushana and five daughters and consequently as a matter of
convenience among all the family members, the names of his wife, two sons
were shown and incorporated as pattadars in respect of the estate left by the
deceased, which was in fact inherited by Smt. T.Haribhushana (wife of
deceased), his two sons viz., said T.Venkat Rao and T.Raj Kumar and his five
daughters viz., Smt. B.Vijaya Lakshmi, Smt. N.Shyamala Devi, Smt. M.Y.Shobha
Rani, Smt. K.Pushpavathy @ Smt. K.Pushpalatha and Smt. J.Anuradha. Apart
from that the two sons were continued as pattadars in respect of the land
already mutated in their favour and further his wife and five daughters were
incorporated as possessors in respect of the parts of land as per the family
understanding among them, though the same is a joint property.

WHEREAS said T.Venkat Rao died on 04-11-1996 leaving behind him, his
wife viz., Smt. T.Urmila, one son and three daughters as legal heirs and
consequently, they have succeeded to and inherited the share, joint ownership
held by the said deceased T.Venkat Rao.

WHEREAS Smt. T.Haribhushana, T.Raj Kumar, T.Venkat Rao and five


daughters [i.e., Smt. B.Vijaya Lakshmi, Smt. N.Shyamala Devi, Smt.
M.Y.Shobha Rani, Smt. K.Pushpavathy @ Smt. K.Pushpalatha and Smt.
J.Anuradha] being the joint owners have alienated, conveyed and transferred

41
the land admeasuring Ac.8-00 guntas out of the total land admeasuring Ac.78-
35 guntas to third Parties and after the said alienation, they have remained as
joint owners of the land admeasuring Ac.70-35 guntas.

WHEREAS the legal heirs of said T.Venkat Rao, T.Raj Kumar, Smt.
T.Haribhushana and Smt. B.Vijaya Lakshmi, Smt. N.Shyamala Devi, Smt.
M.Y.Shobha Rani, Smt. K.Pushpavathy @ Smt. K.Pushpalatha and Smt.
J.Anuradha have got partitioned the above land admeasuring Ac.70-35 guntas
among themselves with their respective shares by metes and bounds and the
said Deed of Partition was registered as Document No.10711 of 2005 dated 15-
06-2005 with the office of District Registrar, Ranga Reddy District and as per the
said Partition, the said members of the family were allotted with the following
extents with metes and bounds:-

1. T.Raj Kumar : Ac 22-00 Guntas


2. Smt. B.Vijaya Lakshmi : Ac 04-00 Guntas
3. Smt. N.Shyamala Devi : Ac 04-00 Guntas
4. Smt. M.Y.Shobha Rani : Ac 04-00 Guntas
5. Smt. K.Pushpavathy @ : Ac 04-00 Guntas
Smt. K.Pushpalatha
6. Smt. J.Anuradha : Ac 04-00 Guntas
7. Smt. T.Haribhushana : Ac 06-35 Guntas
8. Smt. T.Urmila
9. Smt. T.Naveena
10. T.Phani Kumar : Ac 22-00 Guntas
11. Smt. Himabindu
12. Kumari Priyanka
Total Extent of land : Ac 70-35 Guntas

(A) FLOW OF TITLE OF LAND ADMEASURING AC.13-03 GUNTAS OF


VENDOR/ LANDOWNER OF FIRST PART:

WHEREAS said Smt. T.Haribhusana and 5 others viz. Smt. B.Vijayalaxmi,


Smt. N.Shyamaladevi, Smt. M.Y.Shobha Rani, Smt. K.Pushpavathy, @
K.Pushpalatha and Smt. J.Anuradha have sold an extent of Acres 19-35 Guntas
to the Vendor/Landowner of First part herein through an Agreement of Sale-
cum-General Power of Attorney dated : 15-06-2005 vide registered document
No.11544 of 2005 and handed over the physical possession of the above extent
to the Vendor/Landowner of First Part.

WHEREAS said Smt. T.Urmila and her family members i.e., Landowner
Nos.1 to 5 of Second Part herein have alienated an extent of land admeasuring
Ac.17-00 Guntas out of Ac.22-00 guntas in favour of the Vendor/Landowner of
First Part herein (which is none else the Vendor/Landowner No.6 of Second Part)
through an Agreement of Sale-cum-General Power of Attorney dated : 15-06-
2005 vide registered document No.11545 of 2005 and handed over the physical
possession of the above extent to the Vendor/Landowner of First Part.

WHEREAS thus Vendor/Landowner of First Part herein acquired the land


totally admeasuring Ac.36-35 guntas in the above manner. Since the said land
was declared as an excess land under ULC Act in the hands of the original

42
landowners, said M/s Cybercity Builders & Developers further got allotment of
the said land from the Government being third party purchaser in its favour on
payment of required amounts under the provisions of Section 23(4) of ULC Act
read with G.O.Ms.No.455 and further Government of Andhra Pradesh has
endorsed on 03-07-2007 through the G.O.Ms.No.2043, Revenue (U.C-II)
Department, dated 28-11-2005 in Application No.F1/1454/1575/05,
F1/456/62,63&64/05 in C.C.Nos.F1/12343 to 12345 of 1976 and through the
said endorsement a valid title over the said Acres 36-35 was given to the
Vendor/Landowner of First Part herein by Government of Andhra Pradesh and for
information and necessary action, the said endorsement was also sent to the
Mandal Revenue Officer-Balanagar, Sub-Registrar-Kukatpally, Municipal
Commissioner-Kukatpally and Collector-Ranga Reddy District and further the
Sub-Registrar, Kukatpally also mutated the same in their records as evidenced in
the encumbrance certificate issued by the said authority.

WHEREAS the Competent Authority, Urban Land Ceiling, Hyderabad at


Para No.3, Page No.2 of G.O.Ms.No.2043, dt.28-11-2005 categorically referred
about the Agreement of Sale -cum- GPA dated 15-06-2005 vide registered
document No.11544 of 2005 through which the ownership of the land property
was recognized and the orders were passed in favour of the Vendor/Landowner
of First Part herein conferring the title and through the endorsement made by
the Urban Land Ceiling Authorities shall be conclusive proof of title of the
occupant over the land.

WHEREAS the Vendor/Landowner of First Part herein being the absolute


owner and possessor of the said land admeasuring Ac.36-35 Guntas, earlier
contemplated to develop a Multistoried Residential Apartment Complex
comprising of various Blocks i.e. Blocks E, F, G, H, L, M, N, O on the land
admeasuring Ac.13-03 guntas, which is out of the said land admeasuring Ac.36-
35 guntas and which is forming part of the said land admeasuring Ac.19-35
guntas.

WHEREAS the Vendor/Landowner of First Part herein initially submitted


required applications and plans to the Greater Hyderabad Municipal
Corporation(GHMC) for construction of multi-storied Residential Apartment
Complex on the land admeasuring Ac.13-03 guntas equivalent to 52,761.61
Sq.mts or 63065.20 Sq.yds and consequently the GHMC initially accorded
permission for construction of multi-storied Residential Apartment Complex
comprising of Four Blocks with cellar, stilt + 14 upper floors vide Permit
No.940/HO/WZ/Cir-14/2010 in File No.22460/23/08/2010, dt.02-02-2011 on the
part of the land out of land admeasuring 49,765.92 Sq.mts. or 59457.49 Sq.yds.
and thus out of the land admeasuring 52,761.61 Sq.mts., the extent of land
admeasuring 2,995.69 Sq.mts was affected for formation of approach road. The
Vendor/Landowner of First Part herein has sought for revision in the sanctioned
plan and obtained revised permit and plan in File No.79976/23/12/2011 vide
Permit No.15225/HO/WZ/Cir-14/2011 Dated 27-09-2012 for construction of
apartment complex comprising of 8 blocks in total (including 4 blocks already
sanctioned) i.e., E, F, G, H Blocks with Cellars for parking, Ground plus 19 Upper
Floors, Block-L & M with 3 cellars, stilt+15 upper Floors and Block-N & O with 3
cellars, stilt+16 upper floors. The Vendor/Landowner of First Part herein has
further sought for revision in the sanctioned plan and obtained revised permit
and plan vide Permit No.25036/HO/WZ/Cir-14/2013 in File

43
No.81406/29/11/2012, dated 18-06-2013 in respect of Block-L with 3 cellars,
stilt+15 upper floors.

(B) FLOW OF TITLE OF LAND ADMEASURING AC.9-04 GUNTAS OF


LANDOWNER NOS.1 TO 6 OF SECOND PART:

WHEREAS after the above said alienation of Ac.17-00 guntas (out of


Ac.22-00 guntas) in favour of the Vendor/Landowner of First part as stated
supra, said Smt. T.Urmila and her family members [i.e., Vendors/Landowners 1
to 5 of Second Part herein] remained with the ownership and possession of the
balance land admeasuring Ac.5-00 guntas with full rights of enjoyment and
disposal of the same in any manner as they desire.

WHEREAS thus said Smt. T.Urmila and her family members [i.e.,
Vendor/Landowner Nos.1 to 5 of Second Part herein] being the owners of the
land admeasuring Ac.5-00 guntas have earlier decided to develop the said land
into the lay-out of plots to get better and maximum advantages and income out
of the said land and consequently they have executed a Development
Agreement-cum-General Power of Attorney dated 18-07-2005 vide registered
document No.11546 of 2005 with the District Registrar, Ranga Reddy in favour
of M/s Cybercity Builders & Developers, a Partnership Firm.

WHEREAS pursuant to the said Development Agreement, said M/s


Cybercity Builders & Developers, a partnership firm obtained clearance and
exemption from the Government of Andhra Pradesh under the provisions of
Urban Land Ceiling Act at its cost and expenses vide G.O.Ms Nos.2042 & 2043,
Revenue (U.C.II) Department, dated 28-11-2005.

WHEREAS the said Partnership Firm viz., M/s Cybercity Builders &
Developers, which obtained developmental rights through above referred
Development Agreement-cum-GPA dated : 18-07-2005 vide registered
document No.11546 of 2005, subsequently converted itself into a Company
under the name and style of “M/s Cybercity Builders & Developers Private
Limited” [i.e., Vendor/Landowner No.6 of Second Part hereinabove which is none
else but the Vendor/Landowner of First Part] under Chapter IX of the Companies
Act and the said Company was registered with Registrar of Companies, Andhra
Pradesh, Hyderabad with Company No.47355 of 2005/06 on 05-09-2005 and
that as per the Articles of Association, the registration of Company was under
Part IX of Companies Act and further all the properties immovable and movable
(including actionable claims), rights, liabilities, debts and assets including the
developmental rights obtained by it and belonging to and vested in the said
Partnership Firm under the name and style of “Cybercity Builders & Developers”
as on the date of registration, pursuant to Part IX of Companies Act, on such
registration passed on and vested in the “M/s Cybercity Builders & Developers
Private Limited” (Developer therein) i.e., Vendor/Landowner No.6 herein.

WHEREAS subsequent to execution and registration of the above referred


Development Agreement -cum- GPA dated 18-07-2005 vide registered
document No.11546 of 2005, said Smt. T.Urmila and her family members [i.e.,
Vendor/Landowner Nos.1 to 5 of Second Part herein] have approached the said
M/s Cybercity Builders & Developers Private Limited [i.e., Vendor/Landowner
No.6 of Second Part herein] and represented that in view of the market potential

44
and demand, they realized that the development of said land admeasuring Ac.5-
00 guntas into the layout of plots as envisaged in the said earlier Development
Agreement dated 18-07-2005 is not likely to fetch more advantages and benefits
and they have requested the Developer therein [i.e., Vendor/Landowner No.6 of
Second Part herein] for mutual cancellation of said Development Agreement
dated 18-07-2005 and pursuant to said request, they have agreed to cancel the
same and the said Development Agreement was cancelled by virtue of a Deed of
Cancellation dated 31-07-2012 vide registered document No.2367 of 2012 with
the O/o Sub-Registrar, Balanagar, Ranga Reddy District.

WHEREAS thus in the above manner, said T.Urmila & 4 others [i.e.,
Vendor/Landowner Nos.1 to 5 of Second Part herein] became the absolute
owners and possessors of the land totally admeasuring Ac.5-00 guntas and the
Vendor/Landowner No.6 of Second Part herein became the absolute owner and
possessor of the land admeasuring Ac.17-00 guntas.

WHEREAS subsequently the Vendor/Landowner No.6 of Second Part


hereinabove and said T.Urmila & 4 others [i.e., Vendor/Landowner Nos.1 to 5 of
Second Part herein] have executed a Development Agreement-cum-General
Power of Attorney dated 31-07-2012 in favour of one M/s Cyber Homes, a
Partnership Firm [i.e., Vendor/Developer of Third Part herein], which was
registered as document No.2368 of 2012 with the O/o Sub-Registrar, Balanagar,
Ranga Reddy District in respect of the land admeasuring Ac.8-00 guntas [i.e.,
land admeasuring Ac.5-00 guntas belonging to said Smt. T.Urmila & 4 others
(i.e., Vendor/Landowner Nos.1 to 5 of Second part herein) and the land
admeasuring Ac.3-00 guntas (out of Ac.17-00 guntas) belonging to the
Vendor/Landowner No.6 of Second Part herein] for development of the same
into a Multi-storied Residential Apartment Complex.

WHEREAS after execution of said Development Agreement dated 31-07-


2012, the Vendor/Landowner No.6 of Second Part herein remained with the
ownership and possession of the land admeasuring Ac.14-00 guntas and the
Vendor/Landowner No.6 of Second Part hereinabove has further executed a
Development Agreement –cum- General Power of Attorney dated 25-07-2013 in
respect of the land admeasuring Ac.3-04 guntas (out of Ac.14-00 guntas) in
favour of one M/s Cyber Homes, a Partnership Firm [i.e., Vendor/Developer of
Third Part herein], which was registered as document No.5383 of 2013 with the
O/o Sub-Registrar, Kukatpally, Ranga Reddy District for development of the
same into a Multi-storied Residential Apartment Complex by clubbing the same
with the adjacent, abutting and contiguous land admeasuring Ac.8-00 guntas,
which was earlier taken on development from the Vendors/Landowner Nos.1 to 6
of Second Part hereinabove.

WHEREAS the respective extents of land owned and possessed by the


Vendor/ Landowner Nos.1 to 5 of Second part herein and the Vendor/Landowner
No.6 of Second part herein are abutting, adjacent and contiguous to each other,
thus forming part of a compact block of land totally admeasuring Ac.11-04
guntas [i.e., land admeasuring Ac.5-00 guntas belonging to said Smt. T.Urmila &
4 others (i.e., Vendor/Landowner Nos.1 to 5 of Second part herein) and the land
admeasuring Ac.6-04 guntas belonging to the Vendor/Landowner No.6 of Second
part herein].

45
WHEREAS as per the terms of above referred two Development
Agreements –cum- GPAs, the Vendor/Developer of Third Part herein has agreed
and undertaken to obtain the requisite permits and sanctions from the
Authorities for construction of Multi-storied Residential Apartment Complex on
the said land admeasuring Ac.11-04 guntas taken for development from the
Vendor/Landowner Nos.1 to 6 of Second part herein.

WHEREAS as per the terms and conditions of said two Development


Agreements, out of the total constructed area to be built on the land totally
admeasuring Ac.11-04 guntas taken for development, the Vendors/Landowner
Nos.1 to 6 of Second part herein are entitled to fixed constructed areas towards
their respective shares as under irrespective of the quantum of area to be
constructed thereon:-

(a) Vendor/Landowner No.1- 9,375 Sq.ft. in the shape of Residential


Flats
(b) Vendor/Landowner No.2- 9,375 Sq.ft. in the shape of Residential
Flats
(c) Vendor/Landowner No.3- 1,00,000 Sq.ft. in the shape of Residential
Flats
(d) Vendor/Landowner No.4- 9,375 Sq.ft. in the shape of Residential
Flats
(e) Vendor/Landowner No.5- 9,375 Sq.ft. in the shape of Residential
Flats
(f) Vendor/Landowner No.6- 1,65,000 Sq.ft. in the shape of Residential
Flats

and the Vendor/Developer of Third part herein is entitled towards its share
all the remaining constructed areas in the entire project to be built on the land
admeasuring Ac.11-04 guntas after allocation of above entitled areas towards
the shares of the Vendor/Landowner Nos.1 to 6 of Second Part herein. The
Vendor/Developer in terms of the above Development Agreements, has allotted
and allocated the entitled constructed areas as mentioned above in favour of the
respective Landowner Nos.1 to 6 of the Second Part and executed Deed of
Allocation/Supplemental Agreement/s duly earmarking, dividing and distributing
the constructed areas falling towards the shares of the respective parties.

WHEREAS the Vendor/Developer of Third Part herein represented to the


Vendor/Landowners of Second Part hereinabove that out of the total land
admeasuring Ac.11-04 guntas entrusted for development, it is proposed to
construct total Five Blocks i.e. I, J, K, P & Q on the land admeasuring Ac.9-04
guntas [out of total Ac.11-04 guntas taken for development] and further
represented that the balance land admeasuring Ac.2-00 guntas will be reserved
by it for future development as per its convenience and choice and represented
that the same results in consumption of sometime period.

WHEREAS consequently by investing its own funds, the Vendor/Developer


of Third Part initially obtained permit and sanction of plans from the Greater
Hyderabad Municipal Corporation (GHMC) vide Permit No.25036/HO/WZ/Cir-
14/2013 in File No.81406/29/11/2012, dated 18-06-2013 for construction of
Multi-storied Residential Apartment Complex only on the land admeasuring Ac.7-
41 cents or Ac.7-16.4 guntas equivalent to 30,001.76 Sq.mts (out of said total

46
Ac.11-04 guntas taken for development) comprising of various blocks i.e.,
Blocks-I & J with 3 cellars, ground + 18 upper floors and Block-K with 3 cellars,
ground+15 upper floors and commenced the construction and reserved the
balance land taken for development i.e., Ac.3-27.6 guntas for future
development after getting the permit and sanction revised from the authorities
for construction of other blocks on such balance land and also additional
permissible floors on the said I, J & K blocks.

(C) COMMON DEVELOPMENT OF TOTAL LAND ADM. AC.22-07 GUNTAS


[i.e., SCHEDULE PROJECT LAND]:

[i.e., Ac.13-03 guntas developed by Vendor/Landowner of First


Part (Cybercity Builders & Developers Pvt. Ltd.) and Ac.9-04
guntas developed by Vendor/Developer of Third Part (Cyber
Homes) under common Permit and Sanction from GHMC].

WHEREAS the Vendor/Landowner of First Part and the Vendor/Developer


of Third Part herein earlier decided to club their respective extents of land for
common development on the said total land admeasuring Ac.22-07 guntas i.e.
land admeasuring Ac.13-03 guntas belonging to the Vendor/Landowner of First
Part being developed into Multi-storied Residential Apartment Complex
comprising of eight blocks i.e. E, F, G, H, L, M, N, O and the land admeasuring
Ac.9-04 guntas belonging to the Vendor/Landowners of Second Part being
developed by the Vendor/ Developer of Third Part into Multi-storied Residential
Apartment Complex comprising of five Blocks viz., I, J, K, P & Q and all the
blocks will be integrated to each other under the residential project in the name
and style “RAINBOW VISTAS @ ROCK GARDEN” and for the convenience and
comfort of all the residents to avail and utilize the common amenities, facilities
and more particularly the modern club house constructed for the benefit of
residents and the entire project i.e., Multi-storied Residential Apartment
Complex comprising of above referred 13 (thirteen) blocks i.e. E, F, G, H, I, J, K,
L, M, N, O, P & Q Blocks is named as “RAINBOW VISTAS @ ROCK GARDEN”
being constructed on the land totally admeasuring Ac.22-07 guntas i.e. Schedule
Project Land herein and the Purchaser herein acknowledges the said common
development of project for usage of common amenities. On account of such
common development, the common roads, passages and amenities in the entire
Schedule Project Land herein will be shared and utilized by all the purchasers
and owners of the flats in all the 13 (thirteen) Blocks for providing enhanced
availability of amenities. The decision of Parties of First to Third Parts herein for
common Development on the Schedule Project Land through a common permit
and sanction from GHMC shall be final and binding upon the all the Purchaser/s
of the flats in the entire project.

WHEREAS the Vendor/Landowner of First Part herein and


Vendor/Developer of the Third part applied for and obtained revised permit and
sanction of plan vide Permit No.39795/HO/ WZ/Cir-14/2015 in File
No.100929/27/12/2013/HO dated 25-02-2015 for the proposed construction of
19th floor over and existing for Blocks I & J, 16th to 19th floors over and existing
for K, N & O Blocks, 17th to 19th floors over and existing for L & M Blocks,
proposed 3 cellars, ground plus upper 19 floors for P & Q Blocks. Thus ultimately
by virtue of above revised permissions, the Vendor/Landowner of First Part and
the Vendor/Developer of Third Part are absolutely entitled to construct all the 13

47
Blocks i.e., E, F, G, H, I, J, K, L, M, N, O, P & Q each block comprising of 3
Cellars for parking, ground plus 19 Upper Floors on the land totally admeasuring
22-07 guntas i.e., Schedule Project Land herein.

WHEREAS subsequently the Vendor/Landowner of First Part herein and


Vendor/Developer of the Third Part applied for and obtained revised Permit and
Sanction of Plan vide No.53525/HO/WZ/Cir-14/2016 in File
No.136039/24/07/2017/HO, dated 07-01-2019 for the proposed construction of
Block-Q comprising of 4 (Four) Cellars for parking, Ground plus 24 (Twenty
Four) Uppers Floors and Amenities Sports Complex comprising of Ground plus
Two Upper Floors on the land totally admeasuring 22-07 guntas i.e. Schedule
Project Land herein.

WHEREAS thus only the above said revised permission dated 07-01-2019
is obtained exclusively in respect of Block-Q and since the same is obtained after
cutoff date 01-01-2017, the provisions of Real Estate (Regulation and
Development) Act, 2016 are applicable to the said Q-Block only. However the
provisions of the said Act are not applicable to other 12 Blocks developed in the
Schedule Project Land.

WHEREAS the undivided share of land is distributed to all the Purchasers


of flats in all the 13 blocks out of the Schedule Project Land in proportion to the
extent of constructed area purchased by them in the entire Complex.

WHEREAS the Vendor/Landowner of First Part and Vendor/Developer of


Third part evolved a scheme of ownership of Residential apartments in
“RAINBOW VISTAS @ ROCK GARDEN” being developed in Schedule Project
Land herein in terms of which any person desirous of owning an apartment in
any of the Blocks stated above is required to purchase not only the apartment
but also the proportionate undivided share, right, title, interest and ownership in
the land in Schedule Project Land with right to use and enjoy all the common
areas and facilities specifically earmarked therein. Upon such sale in the overall
scheme, the entire Schedule Project Land herein will be jointly owned and held
by the owners of the apartments therein and each of them having a definite
undivided share in the Schedule Project Land and absolute ownership to the
respective Apartments with right to use in common with others, all the common
amenities, areas and facilities, staircases, lifts, lobbies, passages, access, etc.,
within the Schedule Project Land.

WHEREAS the Club House constructed on the Schedule Project Land


herein meant for use by the owners/occupants of all the flats in all the blocks
constructed on the entire Schedule Project Land admeasuring Ac.22-07 guntas
and further the administration of maintenance of common areas, the association
of the owners of the Flats to be formed among all the owners of the Flats in the
13 blocks will be one and the same.

WHEREAS out of the Residential Flats in entire 13 blocks being


constructed on the Schedule Project Land admeasuring Ac.22-07 guntas, the
Vendor/Developer of Third part being the Developer of the land admeasuring
Ac.9-04 guntas is absolutely entitled to the ownership of the flats allocated in
the Five blocks viz., I, J, K, P & Q blocks in terms of the above mentioned
Allocation Agreement/ Supplemental Agreements.

48
WHEREAS since the entire Schedule Project Land being developed in
common by the Parties of First to Third parts, the Vendor/Landowner of First
Part, the Vendors/Landowners of the Second Part and Vendor/Developer of Third
Part have joined in the execution and registration of this Agreement of Sale duly
confirming the said common development and also confirming the ownership
and possession of the Vendor/Landowner/Developer of First Part in and
over the Schedule “A” Apartment and also to convey proper and valid title in
favour of the Purchaser/s of Fourth Part herein. The Vendors/Landowner Nos.1
to 6 of Second Part have joined in this Agreement of Sale being the owners of
the land admeasuring Ac.9-04 guntas out of the Schedule Project Land and also
to confirm the allotment of Schedule “A” Apartment/Residential Flat towards the
share of the Vendor/Landowner/Developer of First Part and also for the purpose
of agreeing to transfer the undivided share of land out of the Schedule Project
Land herein. However this Agreement of Sale is executed by the
Vendor/Developer of Third part being GPA holder of Vendor/Landowner Nos.1 to
6 of Second Part in the capacity of Developer.

WHEREAS the Vendors of First and Third Parts have earlier provided the
deeds and documents of title pertaining to Schedule Project Land to the
Purchaser/s to enable the latter to carryout legal due-diligence to satisfy about
the title of the Vendor/s and the submitted plans and proposed plans. Based on
the said due-diligence and title verification and satisfaction, the Purchaser/s
has/have agreed to purchase the Schedule “A” Apartment/Flat from the
Vendor/Landowner/Developer of First Part on the terms and conditions herein
contained. The Purchaser/s has/have understood, evaluated and satisfied about
the building plans, revised plans, designs, specifications, quality of construction,
concept, title, common development etc., of “RAINBOW VISTAS @ ROCK
GARDEN” as well as the suitability of the apartment for the permitted use and
the conditions mentioned herein. The Purchaser/s has/have further confirmed
that he/she/they Purchaser/s has/have carefully read the terms and conditions
of this Agreement of Sale has/have understood his/her/its obligations and
liabilities and limitations as set forth herein and has/have neither relied upon nor
been influenced by any marketing brochures, e-mails, advertisements,
representations of any nature whatsoever whether written or oral. The
Purchaser/s upon being satisfied as aforesaid and relying upon his/her/its own
judgment and investigation(s) has/have approached and agreed to purchase the
Schedule “A” Apartment/Flat.

WHEREAS on the terms stated above, the Vendor of Third Part has
offered to sell the Residential Flat i.e., Schedule “A” Apartment for the sum
stated in Schedule “C” hereto free from all encumbrances and the Purchaser/s
accepted the said offer and agreed to purchase Schedule “A” Apartment for the
said sum.

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