Common use of Procedure for Clause in Contracts

Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice Of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate of the Project. The Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project to the Allottee at the time of conveyance of the Apartment in favour of the Allottee.

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

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Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice Of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the Phase of the Project. The Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the Apartment in favour of the Allottee.

Appears in 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

Procedure for. taking possession - The PromoterDevelopers, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice Of of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour favor of the Allottee shall be executed and registered by the Promoter Developers (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter Developer as per requisition of the PromoterDeveloper) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter Developers agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDevelopers. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the PromoterDeveloper/association of allottees, as the case may be after the issuance of the completion certificate for the Phase - I of the Project/Complex. The Promoter Developers shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the Apartment in favour of the Allottee.

Appears in 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

Procedure for. taking possession - The PromoterDevelopers, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee Allottees to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice Of of Possession by the AllotteeAllottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour favor of the Allottee Allottees shall be executed and registered by the Promoter Developers (subject, however, to the Allottee Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter Developer as per requisition of the PromoterDeveloper) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter Developers agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDevelopers. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the PromoterDeveloper/association of allotteesAllottees, as the case may be after the issuance of the completion certificate for the Phase - I of the Project/Complex. The Promoter Developers shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project Project/Apartment, as the case may be, to the Allottee Allottees at the time of conveyance of the Apartment in favour of the AllotteeAllottees.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/post/ e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice Of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE D hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/Promoter/ association of allottees, as the case may be after the issuance of the completion certificate for the Phase 1 of the ProjectProject in terms of this Agreement. The Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project Project/ Apartment, as the case may be, to the Allottee at the time of conveyance of the Apartment in favour of the AllotteeAllottee .

Appears in 1 contract

Samples: Agreement for Sale

Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date offer in writing the possession of the Row Bungalow (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment), to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment Row Bungalow within a maximum of forty five days from the date of receipt of the said Notice Of Possession by the Allottee. (the “POSSESSION DATEDATE/ DEEMED DATE OF POSSESSION ”) Provided that the conveyance deed of the Apartment Row Bungalow in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment Row Bungalow in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges charges, taxes etc as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate of the Project. The Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project Project/Row Bungalow, as the case may be, to the Allottee at the time of conveyance of the Apartment Row Bungalow in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for. taking possession - possession- The Promoter, upon obtaining the occupancy occupation certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date vide offer letter (the NOTICE OF POSSESSIONOffer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement. Within 30 days of the date of offer of possession given to the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, if any, maintenance security etc. to the Promoter and within 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit The Allottee shall execute all necessary indemnities, undertakings and such other documentation as may be prescribed in this Agreement and/or required by sending the notice of such offer by speed post/e-mail calling upon Promoter and the Allottee to take Promoter shall give possession of the Apartment within a maximum to the Allottee against the execution and registration, if any, of forty five days from the date of receipt such documentation and payment of the said Notice Of Possession balance amounts by the Allottee. .. After expiry of 3 (the “POSSESSION DATE”Three) Provided that the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three full calendar months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued occupation certificate, the Allottee(s) shall be liable to pay the maintenance charges as determined by the competent authority) Promoter/Owners Association, as provided by the relevant laws in West Bengalcase may be. The Promoter shall handover a copy of occupation certificate of the Apartment to the Allottee(s). The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the PromoterAllottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Maharashtra Stamp Act and Registration Act, 1908 including any actions taken or deficiencies/penalties imposed by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate of the Projectcompetent authority. The Promoter shall hand over a copy not be responsible for any damage caused to the Unit on account of delay on the part of the occupancy certificate (or Allottee(s) in taking over possession and in such other certificate by whatever name called issued by event the competent authorityAllottee(s) shall have to take possession of the Project same on “as is where is basis”. The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and transformer, etc. Possession of the Allottee(s)- After obtaining the occupation certificate and handing over physical possession of the Unit to the Allottee at Allottee(s), it shall be the time of conveyance responsibility of the Apartment in favour of Promoter to handover the Allotteenecessary documents and plan, including common areas as per applicable laws.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the ApartmentBungalow, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment Bungalow within a maximum of forty five days from the date of receipt of the said Notice Of Possession by the Allottee. (the “POSSESSION DATEDATE/ DEEMED DATE OF POSSESSION ”) Provided that the conveyance deed of the Apartment Bungalow in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment Bungalow in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate of the Project. The Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project Project/Bungalow, as the case may be, to the Allottee at the time of conveyance of the Apartment Bungalow in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

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Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) certificate* from the competent authority and the full payment of the plot from the Allottee shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment[Plot], to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment be taken within a maximum of forty five days from the date of receipt of the said Notice Of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three two months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued the Registration of plot in favour of the Allottee, whichever is later. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the competent authority) as provided by promoter within 3 months from the relevant laws in West Bengaldate of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the plot, as the case may be, to the allottee at the time of conveyance/registration of the same. That it shall be mandatory for the Allottee to become a member of (Maintenance Society), at the time of possession of the said property, which shall be formed by the residents of Xxxxxxx Xxxxx City project and which shall be responsible for all maintenance and security provisions of the Project. The Promoter That the maintenance charges collected against "Resident's Welfare Society" and the monthly maintenance charges to be collected in future, shall hand over a copy be kept society account and the maintenance of the occupancy certificate (or such other certificate by whatever name called issued project has to be done by the competent authority) of same. The Society shall be liable to maintain the Project to minimum balance in the "Resident's Welfare Society" maintenance fund account. The Maintenance Agency/Society may revise the maintenance charges and the Allottee at the shall be liable to pay such modified maintenance charges as may be revised from time of conveyance of the Apartment in favour of the Allotteeto time, as and when required.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice Of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate of for the Project. The Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the Apartment in favour of the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for. taking possession - possession- The Promoter, upon obtaining the occupancy completion certificate (or such other certificate by whatever name called issued by the competent authoritywhich may be partial) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Designated Apartment, to the Allottee Allottee(s) in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment be taken within a maximum of forty five days 2 (two) months from the date of receipt issue of such certificate, Subject to the terms of the said Notice Of Possession agreement and the allottee making payment of the total price and all other amounts and deposits payable by the Allottee. (allottee to the “POSSESSION DATE”) promoter hereunder and fulfilling all his covenants / obligations herein Provided that that, in the absence of the local law, the conveyance deed of the Apartment in favour favor of the Allottee shall be executed and registered carried out by the Promoter (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy completion certificate (subject to the allottee making payment on the account of stamp duty, registration fees, etc., Provided further that the promoter shall be not be liable to deliver possession of the designated apartment to the allottee nor to execute or cost to be executed any sale deed or any other instrument(s) until such other certificate by whatever name called issued time the allottee makes payment of all amounts agreed and required to be paid hereunder by the competent authority) as provided by allottee and the relevant laws in West Bengalallottee has fully performed all terms and conditions of this agreement and on the part of the allottee to be observed and performed until then. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of allotteesAllottees, as the case may be be, after the issuance of completion certificate for the Project. The Promoter shall handover the copy of the completion certificate of the Project. The Promoter shall hand over a copy of Designated Apartment, as the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project case may be, to the Allottee at the time of conveyance of the Apartment in favour of the Allotteesame.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for. taking possession - The Promoter, upon obtaining the occupancy certificate or completion certificate (or such other certificate by whatever name called issued by the competent authority) which may be partial), whichever be applicable, from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment be taken within a maximum of forty five days 2 (two) months from the date of receipt issue of such certificate Subject To the terms of the said Notice Of Possession Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the AllotteeAllottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. (Provided that, in the “POSSESSION DATE”) Provided that absence of local law, the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered carried out by the Promoter promoter within 3 (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the PromoterThree) within three months from the date of issue of occupancy / completion certificate (subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such other certificate by whatever name called issued time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the competent authority) as provided by Allottee and the relevant laws in West BengalAllottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/Promot er/ association of allottees, as the case may be be, after the issuance of the completion certificate of for the Projectproject. The Promoter shall hand over a handover the copy of the occupancy certificate (or such other / completion certificate by whatever name called issued by the competent authority) of the Project apartment to the Allottee at the time of conveyance of the Apartment in favour of the Allotteesame.

Appears in 1 contract

Samples: Agreement for Sale

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