AOS
AOS
BY AND BETWEEN
AND
1
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.
AND
IN FAVOUR OF
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[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)]
-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);
(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;
WHEREAS:
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;
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:-
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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.
(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;
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.
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"):-
7
Applicable Taxes Rs.__________/-
Total Price
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.
8
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:
(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;
(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.
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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.
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.
3.1. 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.
4. ADJUSTMENT/APPROPRIATION OF PAYMENTS:
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.
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.
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7.1. Schedule for possession of the said Apartment:
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.
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.
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8. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:
(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
(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;
(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.
(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.
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.
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.
9.1. Subject to the Force Majeure clause, the Promoter shall be considered
under a condition of Default, in the following events:
9.2. In case of Default by Promoter under the conditions listed above, Allottee
is entitled to the following:
(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.
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.
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.
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.
15.1. 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.
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.
(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.
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.
24.1. 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:
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:
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.
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:
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.
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:
35. INDULGENCE:
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:
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.
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.
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.
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.
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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.
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.
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.
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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.
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.
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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.
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.
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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.
Please affix
SIGNED AND DELIVERED BY THE WITHIN NAMED: photograph and
VENDOR/LANDOWNERS OF SECOND PART sign across the
photograph
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Rep. by GPA holder i.e., Vendor/Developer of Third Part (Cyber Homes)
WITNESSES:
1. Signature__________________________
Name_____________________________
Address___________________________
2. Signature__________________________
Name______________________________
Address ___________________________
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SCHEDULE ‘A’ APARTMENT
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).
Consid Total
Sl. Particulars Details GST
eration Amount
36
After Completion of
10% of the sale
flooring, doors &
10 consideration +
windows of the ______ _______
GST
respective unit _ _ ________
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
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.
37
SCHEDULE “D”
(SPECIFICATIONS, AMENITIES & FACILITIES (WHICH ARE PART OF THE
APARTMENT)
Structure RCC Shear wall framed structure, designed for Seismic Zone 2
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 /
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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
BMS Services Prepaid electricity and water meters provided for all units
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SCHEDULE “E”
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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 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.
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:-
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.
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.
43
No.81406/29/11/2012, dated 18-06-2013 in respect of Block-L with 3 cellars,
stilt+15 upper floors.
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 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.
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.
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.
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.
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.
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 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.
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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49