AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party Thane Municipal Corporation has by its order dated 27/9/1989 sanctioned & approved building plans on application of the vendors in respect of the property described in schedule hereunder. AND WHEREAS the said Xxxxxxxxx died intestate on 18.11.1992 leaving behind Xxxx Xxxxxxx Xxxxxxxxx and Developer have jointly agreed to sell flats available Xxxx Xxxxx Xxxxxxxxx as his only heirs and legal representatives according to the respective purchasers /holders of the respective buildings to be constructed Shia Muslim Law by which the said Developer. The rights Xxxxxxxxx was governed at the time of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complexhis death. AND WHEREAS by diverse Deeds and under Assurances DESHMUKH ENTERPRISES now known as M/X. XXXXXXXX BUILDERS PRIVATE LIMITED, the Confirming Party herein, became entitled to develop the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer property more particularly described in the manner as provided for in the said JDAFirst and Second Schedules hereunder. AND WHEREAS in pursuance out of the said JDA entire land more particularly described in the First Schedule of Property hereunder written, a part/portion thereunder admeasuring 1982.25 sq. meters had been surrendered for the widening of the Ghodbunder Road and therefore, the balance net plot area that was available for development was 8947.75 sq. meters as is more particularly described in furtherance thereof the Developer has commenced Second Schedule of the work of construction of new building and/or buildings at Property hereunder written and is shown surrounded within the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as red coloured boundary line on the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisPlan annexed hereto. AND WHEREAS the Developer said partnership firm M/x. Xxxxxxxx Enterprises has caused the said housing project to be registered in accordance with been converted into a Limited Company under the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to Companies Act, 1956 and the Registrar of Company, Mumbai, Maharashtra has issued a Certificate of Incorporation bearing No.00-0000000 of 1997 dated 15.05.1997 thereto registering the name as ‘DESHMUKH BUILDERS AND DEVELOPERS PVT. LTD. and by virtue of which all the assets, liabilities and obligations of the said ACT) under Registration Nopartnership firm M/x. Xxxxxxxx Enterprises vested in the said company Deshmukh Builders and Developers Pvt. HIRA/ --. Ltd. AND WHEREAS DESHMUKH BUILDERS & DEVELOPERS PVT. LTD. filed a petition in the Parties have gone through all Hon’ble High Court at Bombay in the terms & conditions set out in this Agreement Scheme of Amalgamation under Sections 391 and understood 394 of the mutual rights and obligations detailed hereinCompanies Act, 1956 for sanctioning of the Scheme of Amalgamation of the Company herein with Modern Tiles Co. Pvt. Ltd. having its registered office at 000, Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Goregaon (East), Mumbai – 400 063.
Appears in 3 contracts
Samples: Deed of Conveyance, Deed of Conveyance, Deed of Conveyance
AND WHEREAS. during the Vendorcontinuance of the construction work the Purchaser/s herein, Confirming Party being desirous of purchasing a self contained residential Flat/Car Parking Space/Unit and being satisfied with the right, title and interest of the Owner/Vendor and the Developer on the Said Land, have jointly agreed approached and offered the purchaser to purchase a residential Flat/Car Parking Space/Unit, to which the land owner as well as the Developer concedes. AND WHEREAS pursuant to negotiation between the Developer and the Purchaser/s, the Developer and the Owner/Vendor hereby agree to sell flats available and the Purchaser/s hereby agree to purchase ALL THAT piece and parcel of residential Flat No. , measuring about more or less sq.ft of Carpet Area ( _ sq.ft. of super built up area) in Block - , Type – _, consisting of ( ) bed rooms, ( ) dining -living- drawing, _ ( ) kitchen, ( ) toilet, _ ( ) balcony, having Tiles flooring, at the respective purchasers /holders floor (hereinafter for the sake of brevity referred to and called as the “said Flat”), which is morefully and particularly described in the SECOND SCHEDULE herein below) of the respective buildings _storied building being constructed on the Said Land as per the specification mentioned in the THIRD SCHEDULE hereunder written (hereinafter for the sake of brevity referred to be constructed by and called as the “said Developer. The Building”), TOGETHER WITH rights of access to and from the respective flats enjoyment of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through common areas and along the pathways common facilities and passages provided in lay out on the ground floor amenities of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings Building mentioned in the said complex. FOURTH SCHEDULE hereunder written TOGETHER WITH undivided proportionate share in the Said Land more fully described in the FIRST SCHEDULE hereunder written ALONG WITH the liability of payment of common expenses and maintenance charge mentioned in the FIFTH SCHEDULE hereunder written AND WHEREAS by and under observing the common restrictions as enumerated mentioned in the SIXTH SCHEDULE hereunder written TOGETHERWITH proportionate right over the land within the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale Premises ALONG WITH common rights of easement and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter facilities are collectively referred to and called as the HOUSING COMPLEX“said Property”, free from all encumbrances, charges, liens, lispendenses, attachment/execution proceedings and acquisition /requisition proceedings at or for a consideration of Rs. /- (Rupees ) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinonly.
Appears in 2 contracts
Samples: Proforma of Agreement for Sale, Proforma of Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed herein with a view to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by develop the said Developer. The rights land by way of access to construction consists of numbers of flat, in the G+4 storied building, formulated scheme and from necessary plans and specification for the respective flats purpose of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor construction of the said Complex for better enjoyment of facilities, amenities apartment building which has been sanctioned and use and convenience of ingress and egress from approved by the main public Municipal Road up competent authority. AND WHEREAS under the aforesaid Development Agreement the Owners specifically granted right to the places Developer to enter into Agreement for sale of Flat or portion of the respective buildings in building and further more by a separate Development Power of Attorney executed immediately after the execution of the said complexDevelopment Agreement, the Owners authorize the Developer to sell and transfer all the flats and portion of the building and enter into all contracts and agreement in connection thereof to any intending Purchaser or Purchasers save and except the allocated portion of the Vendors in terms of the Development Agreement dated 15.02.2019. AND WHEREAS by and under the Development Agreement dated 15.02.2019 the Developer have been empowered to build the proposed building upon the said JDA it has been agreed between land in accordance with the Vendor that the Developer shall be entitled to sanctioned plan or enter into agreements for sale any contract or agreement with the intending Purchaser/s or take advance from the said intending Purchaser/s against the respective unit and transfer of the various flats units apartments constructed spaces and car parking spaces and also Developer have been empowered to receive realize and collect the amount consideration money from the sale of consideration Developer’s allocation as well as Owner’s allocation also from the intending Purchaser/s and other amounts issue money receipt in its their own name and that moreover take advance of consideration money from the net sale proceeds accruing consequent to sale and transfer intending Purchaser/s for Developer’s allocation as well as Owner’s allocation also. AND WHEREAS by virtue of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst said Development Agreement and vested power the Vendor Developer has taken delivery of peaceful and Developer khas possession of the land as specifically mentioned in the manner as provided for in Schedule ‘C’ hereunder written. AND WHEREAS on being empowered and authorized by the Owner, the Developer herein started construction of the said JDAproposed building upon the said land as per Plan sanctioned and approved by the District Engineer N-24 Parganas Zilla Parishad on 05.09.2019 and also sanctioned and approved by the Executive Officer, Rajarhat Panchayat Samity on 17.09.2019 by virtue of approval order no. 2828/ Rht. AND WHEREAS in pursuance terms of the said JDA Development Agreement and in furtherance thereof as per said sanctioned building plan, the Developer has commenced started the remaining work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisbuilding which is now going in progress. AND WHEREAS the Developer has caused and the Owner declare and confirm that the said housing project Flat/Unit/ Car Parking Space is forming part of Developer's Allocation. AND WHEREAS the Owners and the Developer are fully competent to be enter into this Agreement and all legal formalities with respect to the right, title and interest of the Promoter regarding the said Land, have been completed. AND WHEREAS Subsequent to the commencement of the Act, the Developer has registered in accordance with the Project under the provisions of the Act with the West Bengal Housing Industry Regulatory Authority Act at North 24 Parganas under registration no. -------- issued by the authority in response to its Application dated --. AND WHEREAS the residential Flat being no. , on the floor, side, of the building namely SHUBHECCHA situated at situated at Nikunja Sen Sarani, Bhatenda East, School Road, Kolkata – 700135, measuring more or less sq. ft. Super built up area (comprising of Plinth area which also includes proportionate staircase and lobby, tanks and 25% over and above the plinth area for open space, boundary, drain etc.) consisting of 3 Bed Room, 1 Drawing cum Dining Space, 1 open Kitchen, 2 Toilets and 1 Balcony with Vitrified Tiles flooring and Lift facility of the Multistoried Building more fully described in the Schedule ‘D’ (PART I), hereinafter referred to as the said ACT) under Registration No“residential Flat” at or for the consideration of Rs. HIRA/ --only and one Car Parking Space no. measuring Sq. ft. more or less on the Ground Floor more fully described in the Schedule ‘D’ (PART II), “hereinafter referred to as the said Car Parking Space” at or for the consideration of Rs. /- only more fully described in the Schedule ‘D’, “hereinafter referred to as the said residential Flat and Car Parking Space” and along with the undivided proportionate share of land more fully described in the Schedule ‘C’, including all rights to use as common service - areas and common parts / Amenities of the said building, more fully described in the Schedule ‘E’ & ‘F’ respectively, as per provisions of the West Bengal Apartments Ownership Act, 1972 at or for the consideration of Rs. only. AND WHEREAS the Parties Purchasers have gone through taken inspection of the title deed, sanctioned plan and all other relevant documents including layout as aforesaid and have made all necessary searches and are fully satisfied with the terms & conditions set out in this Agreement plan and understood marketable title of the mutual rights Owner’s land and obligations detailed hereinthe Purchasers having been spontaneously agreed not to raise any objection and / or make any other query with regard thereto and having been satisfied and considering the price and / or consideration of the aforesaid residential Flat being the fair market price and the Purchasers approached the Developer / Confirming Party for purchase of the mentioned residential Flat at or for the consideration of Rs. only.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
AND WHEREAS. the VendorPurchaser(s) have/has taken thorough inspection of all papers and documents referred to hereinabove and have/has made necessary searches and after having been fully satisfied in all respect including all the right title and interest of the Vendors/Owners, Confirming Party and Developer have jointly the Purchaser(s) have/has agreed to sell flats available purchase and/or acquire ALL THAT one Residential Unit being No. on the Floor by ad-measurement containing an area of Sq. Ft. Carpet Area and/or Sq. Ft. Built Up Area and/or Sq. Ft. Super Built Up Area and right/amenities to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out use covered car parking space on the ground floor of the said Complex Said Building for better enjoyment of facilitiesparking medium sized car at Premises No. 54A, amenities Tollygunge Circular Road, P.S. Behala, Kolkata 700 053, Xxxx No. 117, District 24 Parganas (South), more fully and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings particularly described in the said complex. AND WHEREAS by SECOND SCHEDULE hereunder written and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEXSAID PROPERTY for and at a total consideration of Rs. /- (Rupees only) and the right to use the common parts, portions, areas, facilities and amenities as fully described in the THIRD SCHEDULE hereunder written but subject to observing and performing the terms conditions covenants and restrictions as contained in the FOURTH SCHEDULE hereunder written and also subject to making payment of proportionate costs charges and expenses as mentioned in the FIFTH SCHEDULE hereunder written for the common repairs, maintenance and services, facilities and amenities in the said building to the Owners/Vendors and after handing over maintenance by a written agreement to the Association/Society, to the Association/Society of the Buyers/Owners of different units in the said building, to be ultimately held byformed by the Owners/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinVendors.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the VendorVendee has demanded, Confirming Party inspected verified and Developer have jointly agreed to sell flats available accepted aforesaid approvals as granted to the respective purchasers /holders Land Owner by DGTCP. The Vendee further declares and agrees that any change/directions/conditions imposed by DGTCP at any time while modifying the Zoning Plan and/or Building Plan shall be binding on the Vendee and it shall not be necessary on the part of Land Owner and/or the Developer to seek consent of the respective buildings Vendee for the purpose of making any changes to comply with such directions, conditions, changes and the Zoning Plan and/or the Building Plan as may be constructed by the said Developer. The rights of access amended and approved from time to and from the respective flats of the respective buildings to be purchased by the respective purchasers including time shall supersede the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complexreferred approvals. AND WHEREAS by and under , the said JDA it has been agreed between the Vendor that Land Owner had entered into agreement with the Developer shall be in terms of which the Developer is entitled to enter into agreements for sale and transfer develop a group housing complex on land admeasuring 9.60 Acres, situated within the revenue estate of village Bawal, in Xxxxxx-00 X, Xxxxxx & Xxxxxxxx Rewari. In terms of agreement referred above, the various flats units Developer is inter alia entitled to develop, construct, advertise, market /sell the developed Flat/residential apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner Group Housing Complex known as provided for "Pratham Apartments" and /or other saleable areas both vacant /constructed and collect/receive monies in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisrespect thereto. AND WHEREAS the Land Owner has further authorised the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in sign, execute, deliver and perform this Agreement and understood any action in pursuance to this Agreement. It is clarified that the mutual rights Land Owner has not intended to convey right or interest in any manner whatsoever in any of the land outside the aforesaid land admeasuring 9.60 Acres and obligations detailed hereinno impression has been given with respect to the construction and development that may take place on the land outside the aforesaid land admeasuring 9.60 Acres.
Appears in 1 contract
Samples: Buyer's Agreement
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced all the work rights of construction and development of new building and/or buildings the entire PROJECT Xxxxxx I Valley, I Mall & I Homes at Xxxx Xx- 0, Xxxx Xxxx, Xxxxxxx Xxxxx along with all the said Premises, comprise rights of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held byfurther booking /registration/owned by various intending purchasers on ownership basistransfer. AND WHEREAS the Developer has caused represented that it shall complete the construction of the Residential Flats( hereinafter referred as Unit) on or before and shall ready for occupation & possession by the said housing project date unless the construction is stopped or delayed on account of factors beyond the control of Developer, as stipulated in the later part of this Memorandum of Understanding. AND WHEREAS the Investor is interested in booking of Residential Flat measuring Sq. fts. For a total consideration of Rs (Rupees Only).The Investor acknowledges that the Developer has readily provided all information & clarifications as required by them but that they has not unduly relied upon and is not influenced by any architect’s plans, advertisements representations, warranties, statements or estimates of any nature whatsoever whether written or oral made by the Developer. AND WHEREAS the Investor has confirmed to be registered the Developer that he has full knowledge of all the laws, rules, regulations, notifications etc. in accordance with general and applicable to the provisions said unit /said Building in particular and the terms and conditions contained in this MOU and that they has clearly understood their rights, duties, responsibilities, obligations under each and all the clauses of West Bengal Housing Industry Regulatory Authority Act (this MOU. AND WHEREAS the Investor, relying on the confirmations, representations and assurances of the Developer to faithfully abide by all the terms, conditions and stipulations contained in this MOU has taken in good faith the unit, and he is now willing to enter into this MOU on the terms and conditions appearing hereinafter. IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:- THE AREA Investor is hereby booked the unit of the I Homes at Xxxx Xx- 0, Xxxx Xxxx, Xxxxxxx Xxxxx, measuring approx. Sq. Ft. super area which hereinafter referred to as the said ACTunit for a total consideration of Rs. (Rupees Only) under Registration CONSIDERATION The Investor has paid the amount of Rs. ) as under: (Rupees Cheque No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinCheque No. . of Rs. of Rs. dated dated drawn on drawn on No dated . Cheque No. .
Appears in 1 contract
Samples: Memorandum of Understanding
AND WHEREAS. the VendorOwners/Promoters have appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Owners/Promoters accept the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings or as may be mutually agreed provided, Confirming Party however, that the Owners/Promoters reserve the right to change the said Architect and Developer Structural Engineers at any time before the completion of the Project; AND WHEREAS on demand from the Allottee/s, the Owners/Promoters have jointly agreed to sell flats available given inspection to the respective purchasers /holders Allottee/s of all the documents of title relating to the said project land and the plans, designs and specifications prepared by the Promoter's Architects Messrs A. Y. Chaudhary and of such other documents as are specified under the Real Estate (Regulation and Development) Xxx 0000 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS the facts and circumstances pertaining to the title of the respective buildings Promoters as owners are set out / disclosed in the Certificate of Title dated issued by the Promoter’s Advocates’, , a copy whereof is annexed hereto as Annexure “A”; AND WHEREAS the authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoters to the said project land on which the Unit/s is/are constructed or is/are to be constructed have been annexed hereto and marked as Annexure 'B'. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the said Developerconcerned Local Authority have been annexed hereto and marked Annexure C-1. The rights of access to and from AND WHEREAS the respective flats authenticated copies of the respective plans of the building/s as proposed by the Promoters and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project Land have been annexed hereto and marked as Annexure C-2. AND WHEREAS the authenticated copies of the layout plan of the Unit agreed to be purchased by the respective purchasers including Allottee/s, as sanctioned and approved by the above named purchaser from through local authority have been annexed hereto and along marked Annexure D. AND WHEREAS the pathways and passages provided in lay out on Promoters/Owners shall implement the ground floor construction of the said Complex for better enjoyment of facilitiesunit in accordance with the sanctioned/revised sanctioned building plans and specification, fixtures, fittings and amenities as agreed to and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings mentioned / enumerated in Annexure E written hereunder (the said complex“SPECIFICATIONS” for short). AND WHEREAS by and under while sanctioning the said JDA it plans concerned local authority and/or Government has been agreed between laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in Promoters while developing the said JDA. AND WHEREAS project land and the said building and upon due observance and performance of which only the completion or occupation certificates in pursuance respect of the said JDA and in furtherance thereof building/s shall be granted by the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisconcerned local authority. AND WHEREAS the Developer has caused Promoters have accordingly commenced construction of the said housing project to be registered building/s in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --sanctioned plans. AND WHEREAS the Parties have gone through all carpet area of the terms & conditions set out in this Agreement said Unit is square meter and understood "carpet area" means the mutual rights net usable floor area of an unit, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Unit for exclusive use of the Allottee or verandah area and obligations detailed hereinexclusive open terrace area appurtenant to the said Unit for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the unit.
Appears in 1 contract
Samples: Articles of Agreement
AND WHEREAS. the Vendee has demanded from the Vendor and the Vendor has allowed the inspection of various approvals available with the Vendor, Confirming Party building plans, ownership records of the Said Land, agreement between the Land Owner and the Developer have jointly agreed and all other documents relating to sell flats the title and rights of Vendor to construct the Group Housing Complex on the Said Land. The Vendee has verified ownership record of the Said Land, various approvals available with the Vendor, building plans and all other documents including inter se agreement relating to the right, title, interest and limitations and obligations of Vendor and agrees that there shall be no further investigation/objections by him/ her/them in this regard and further that he/ she/they is/are fully satisfied of the title and rights of Vendor and also rights of the Vendor to enter into this Agreement; AND WHEREAS, the Vendee has confirmed to Vendor that he/ she/ they is/ are entering into this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc. applicable to the area in general and aforesaid Group Housing Complex in particular and has not unduly relied upon and is not influenced by any architectural plans, sales plans, sale brochures, advertisements, representations, warranties, statements or estimates of any nature whatsoever whether written or oral made by the Vendor, its selling agents/ brokers or otherwise including but not limited to any representations relating to description or physical condition of the Project Site, the Proposed Group Housing Complex and the said Flat (including the size and dimensions and any other physical characteristics thereof), the services to be provided by the Developer, the estimated facilities/amenities to be made available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and Vendee or any other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner data except as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out specifically represented in this Agreement and understood that the mutual rights Vendee has relied solely on Vendee's own judgment and obligations detailed investigation(s) in deciding to enter into this Agreement. No oral or written representations or statements (except as set out herein) made by or on behalf of any party, shall be considered to be part of this Agreement.
Appears in 1 contract
Samples: Buyer's Agreement
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders authenticated copies of the respective plans of the Layout of the said phase as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said phase have been annexed hereto and marked as Annexure C2, AND WHEREAS the copy of the proposed layout plan and the proposed building/phase/wing plan showing future proposed development as disclosed by the developer in his registration before the RERA authority and further disclosures on the website as mandated by the developer have been annexed hereto and marked as Annexure C2A AND WHEREAS the clear block plan showing the project (phase/ wing) which is intended to be constructed and to be sold and the said unit which is intended to be bought by the allottee is in this said Developer. The rights project (phase/wing) which is clearly demarcated and marked and which is for the purposes of access this agreement the project in which the unit stated that the allottee intends to purchase and from the respective flats allottee shall have the right to claim the same for is marked as Annexure C3 AND WHEREAS the authenticated copies of the respective buildings plans and specifications of the Apartment agreed to be purchased by the respective purchasers including Allottee, as sanctioned and approved by the above named purchaser local authority have been annexed and marked as Annexure D AND WHEREAS the Promoter has obtained some of the sanctions/approvals from through the concerned local authority(s) to the plans, the specifications, elevations, sections and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilitiesbuilding/s and shall obtain the balance approvals from various authorities from time to time, amenities and use and convenience of ingress and egress from the main public Municipal Road up so as to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance obtain Building Completion Certificate or Occupancy Certificate of the said JDA and in furtherance thereof Building. (Please add the Developer has commenced the work details of construction of new building and/or buildings at building/development permissions) AND WHEREAS while sanctioning the said Premisesplans concerned local authority and/or Government has laid down certain terms, comprise of various self-contained flats unitsconditions, apartments, constructed spaces stipulations and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) restrictions which are to be ultimately held byobserved and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/owned s /phase shall be granted by various intending purchasers on ownership basisthe concerned local authority. AND WHEREAS the Developer Promoter has caused in compliance with rules, regulations and restrictions of the concerned local authority which are to be observed and performed by the Promoter while constructing/developing the said housing project to be registered in accordance with has accordingly commenced construction/development of the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --same. AND WHEREAS the Parties have gone allottee has agreed to purchase the said unit based on going through all the terms & conditions set out stated in this Agreement the sanctioned plans by respective competent authorities and understood have further confirmed that all such conditions shall be bound and abided by the mutual rights allottee strictly. AND WHEREAS the allottee on confirmation of accepting all the conditions of sanctioned plans by competent authority, has further stated that if any conditions that have been imposed on the said project/ building/ phase/ wing which are contrary to the prevalent laws/ rules/ regulations under which sanctioned plans have been given shall not be binding on the allottee and obligations detailed hereinthat the allottee shall not hold the developer responsible for the such contrary conditions. AND WHEREAS the allottee has independently made himself aware about the specifications provided by the promoter and he is aware of the limitations, usage policies and maintenance of the installed items, fixtures and fittings of the same and have been annexed and marked as Annexure G AND WHEREAS the allottee has been shown the conditions of contracts with the vendors/ contractors/ manufacturers And workmanship and quality stands of products/fittings and fixtures as agreed between promoter and the vendors and on independently verifying the same the allottee has now agreed to the same as conditions mentioned in these contracts and that the allottee agrees to abide by the same failure of which shall absolve the promoter to that extent.
Appears in 1 contract
Samples: Credai Maharashtra
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders authenticated copies of the respective buildings to be constructed by the said Developer. The rights of access to plans and from the respective flats specifications of the respective buildings Apartment agreed to be purchased by the respective purchasers including Allottee, as sanctioned and approved by the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has competent authority wherever applicable have been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisannexed hereto. AND WHEREAS the Developer promoter has caused got some of the approvals from the concerned competent authority(s) to the plans, the specifications, elevations, sections and of the said housing project building/s wherever applicable and shall obtain the balance approvals, if any from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be registered observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --proposed plans. AND WHEREAS the Parties have gone through Purchaser approached Builder/Vendor to purchase a residential flat and has inspected all the relevant title documents, approved plans and has agreed to purchase one residential Flat bearing No. ……………, situated on the ……….. Floor admeasuring an area of sq. mtrs., of the Block ‘ ’, in the complex named “WE RESIDANCY” on ownership basis, hereinafter the flat is referred to as “THE SAID FLAT” described in the Schedule-II hereunder written and shown in the plan annexed and the Builder/Vendor has agreed to construct the same for the Purchaser and the parties have accordingly agreed on the following terms & conditions set out in this Agreement and understood conditions. AND WHEREAS the mutual rights carpet area of the said Apartment is square meters and obligations detailed herein"carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. An initial LLP Agreement dated 20th Day of April, 2018 (hereinafter called LLP Original Agreement) was executed by and between the VendorParty of First Part and Part of third Part, Confirming Party and Developer have jointly whereby they had agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings form a LLP in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer style of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces M/s CIOPEDIA LLP (hereinafter referred to as the HOUSING COMPLEXLLP) to undertake various ancillary and other businesses to be ultimately held by/owned carried over by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused LLP as specified in the said housing project LLP agreement. The Outgoing Partner has given notice to be registered in accordance with the provisions continuing Partners and LLP of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred his desire to as resign from the said ACT) under Registration NoLLP as from 15.02.2021. HIRA/ --The existing Partner have accepted the notice & pass the necessary resolution in the meeting held on 15.02.2021 and in the interest of business the existing Partner & Outgoing Partner have consented to admit, after receiving prior consent, Incoming Partner as a Designated Partner in place of the Outgoing Partner w.e.f 15.02.2021. AND WHEREAS NOW IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: The Agreement is supplemental to LLP Original Agreement and made between the Parties have gone through all partners of the LLP on the terms & conditions set out in this Agreement and understood of which the mutual rights and obligations detailed hereinduties of the partners and their rights and duties in relation to the LLP is determined. Existing partner of the LLP consent to the conveyance, transfer, and assignment of the LLP Partnership Interest by outgoing partner to the Incoming Partner and agree, Incoming Partner has become a Designated Partner in the LLP, having, to the extent assigned, the rights and the powers of a partner, subject to the restrictions and liabilities of a Partner. There is nothing due to the outgoing partner, since the company has incurred a loss since its incorporation. The Contribution of the Incoming Partner may be tangible, intangible, moveable or immoveable property. It is declared that except as hereinafter provided the Retiring Partner shall not have and he hereby releases all his share, right, title and interest in the business of the LLP, its assets including goodwill, all licenses and permits held by the LLP, its outstanding dues and receivables and outstanding contracts, that the same shall belong to the Continuing and the Incoming Partner. The LLP Original Agreement shall as from the date hereof be deemed to have been modified to give effect to this Agreement and subject to such modifications shall remain in full force and effect.
Appears in 1 contract
Samples: Supplementary LLP Agreement
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available DEVELOPER has prepared a building plan by the help of the a reputed Architect And submitted the same to the respective purchasers /holders of the respective buildings to be constructed by Bidhannagar Municipal Corporation and the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor Municipal Corporation sanctioned a site Plan of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up property vide Plan Sl. No.81/20-21 dated 06.11.2020.The Building Plan is yet to the places of the respective buildings in be submitted before the said complexMunicipality for approval and sanction. AND WHEREAS by and under virtue of the said JDA it Development Agreement and Power Of Attorney dated 20th day of November , 2019 and 28th day of February 2020, the said DEVELOPER has been agreed between the Vendor that sole and exclusive right to sell the Developer shall be entitled DEVELOPER’s allocated portion of the said property and also have right to enter into in to agreement/agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to under any terms as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisDEVELOPER may deed fit and proper. AND WHEREAS the Developer has caused DEVELOPER shall start construction at the said housing project to be registered in accordance with land, after getting the provisions required approvals and sanctions, at their own costs and expenses as per terms of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACTDevelopment Agreement completing their construction works at the said land and the PURCHASER(S) under Registration No. HIRA/ --approached the DEVELOPER to allot him residential flats a FLOOR of the multistoried building at the said land in form of habitable condition ofa residential flat for the purpose of residence. AND WHEREAS the Parties have gone through DEVELOPER, in exercise of their legal rights, decides to sell out DEVELOPER’s allocated portion and the PURCHASER(S), Party of the Second Part, approached the DEVELOPER to purchase residential flat and the DEVELOPER offers to sell a residential flat being No.” “ on the FLOOR of the multistoried building, measuring an area of sq. ft. be the same little more or less and the PURCHASER(S) agrees to purchase the said flats at/or consideration sum of Money Rs. (Rupees ) only free from all encumbrances. AND WHEREAS the PURCHASER(S) xxxxxx agrees to additionally pay the proportionate amount @ Rs. 90/- per sq ft for the ELECTRICAL TRANSFORMER AND WHEREAS the DEVELOPER agrees to sell out a residential flat being No. “ ” on theFLOOR , at the said multistoried building known as XXXXXXXXX measuring an area of sq. ft super built up, be the same a little more or less including proportionate share of stair case of the building TOGETHER WIITH proportionate impartible undivided share of land and common parts and common amenities of the said multi-storied building and the DEVELOPER has offered to sell the said flat for a consideration of Rs (Rupees ) only and the PURCHASER(S) agrees to purchase the same at the said consideration and by entering this agreement under some terms & and conditions set out in this Agreement and understood the mutual rights and obligations detailed hereindescribed hereinafter.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the VendorBuilding Plans sanctioned from the Bhubaneswar Municipal Corporation under letter No-48965, Confirming Party dated 18/10/2022 and Developer have jointly agreed the project is also duly registered with Odisha Real Estate Regulatory Authority ( herein referred to sell flats available as “ORERA” ), Bhubaneswar vide Certificate of Registration No. dated commencing for a period from and ending on . AND WHEREAS the party of the First part declares that the said Agreement , Power of Attorney and the Buildings Plans are still valid and existing. AND WHEREAS the vendor is the rightful owner and got his name mutated in Tehsil- Bhubaneswar record and obtained the Patta (R.O.R) and paying land revenue to the respective purchasers /holders of State Of Odisha. AND WHEREAS as per the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor terms of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from agreement the main public Municipal Road up to DEVELOPER/PROMOTER/BUILDER the places party of the respective buildings in first part therein, are entitled to develop the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer property & carry out construction of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS proposed building/s in pursuance of the said JDA sanctioned plans and in furtherance thereof permission from the Developer has commenced the work of construction of new building and/or buildings competent Authorities and at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various same time also procure intending purchasers on ownership basisof flat/units and parking space comprised in the proposed building. AND WHEREAS the Developer has caused DEVELOPER/PROMOTER/ BUILDER is interested to sell a piece of immovable property being the Flat No- , ( Floor, Manor- ) of the said housing project to be registered building more fully described in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --schedule hereto. AND WHEREAS the Parties have gone through all purchaser i.e. vendee has agreed to purchase the said immovable property being the Flat No- , ( Floor, Manor- ) as more fully described in schedule. AND WHEREAS the intention of the party of first part is to sell the immovable property and the intention of the party of second part is to purchase the immovable property with absolute right, title, interest for which an agreement for sale dated , the terms & conditions set out and condition where of and the recitals made therein shall constitute and shall always be deemed to constitute an integral part of this deed of conveyance has been entered and there is no question of any contract or service in this Agreement agreement. AND WHEREAS the vendor is in peaceful possession over the said property having all right, title and interest without any dispute and the property is free from all encumbrances, liens and charges. AND WHEREAS the land in question is not a ceiling surplus land within the meaning of Orissa Land Reforms Act or Urban Land Ceiling Regulation Act, 1976. AND WHEREAS the vendor is willing to sell the said property and have got approved building plan from the competent authority. AND WHEREAS the vendee expressed his/her desire to purchase undivided proportionate share and interest in the said schedule property measuring an area of A. Decs. ( sqft), along with the constructed Carpet Area of sqft, known and denoted as Flat No- , ( Floor, Manor- ) and one Car parking Space, more fully described in the schedule below with all hereditaments, easements for a consideration of Rs. (Rupees only) the purchasers have already paid the full price to the vendor, the receipt whereof the vendor xxxxxx admits and acknowledges being the consideration amount. AND WHEREAS the vendor indemnify and save harmless from all losses, costs, expenses, dispute, litigations and encumbrances if the vendee sustain or to be put by reason of any defect in title to the property hereby conveyed. AND WHEREAS the vendor hereby sells, conveys, grants, transfers and assigns all right and claims to the use and enjoyment of the vendee, his legal heirs successors, assignees, representatives, absolutely and forever. AND WHEREAS vendee is responsible and liable to pay and discharge all taxes, rents, charges and other outgoing payable to Revenue, Municipality, Electricity Provider, P.H.D, Government and other authorities levied in respect of the property mentioned in the schedule below and the consideration to be made by the vendee. AND WHEREAS the vendee shall peacefully and equitably possess in common along with other vendee and enter into retain, hold, use and enjoy the same without any binding or interruption claim or demands by or from the vendor or any of her legal heirs, successors, assigns and representatives or any other person. AND WHEREAS xxxxxx and his/her legal heirs, successors , assigns and representatives shall use and enjoy the said property along with other co-owners with the undivided proportionate share and interest peacefully without doing any harm obstruction to other co- owners. That both the parties have fully understood the mutual rights nature contents and obligations detailed hereinproperty of transaction as well as the recitals spelt out the different covenants of this deed.
Appears in 1 contract
Samples: pacms.orera.in
AND WHEREAS. now it is specifically agreed by and between the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders parties that after completion of the respective buildings property as describe in the schedule “B” herein below the DEVELOPER shall sell and the ALLOTTEE or PURCHASER shall purchase the property at “fm¡n he (POLASH BON)” togetherwith the proportionate undivided impartible share and/or interest in land and right over common arrears, common facilities and common convenience subject to payment of necessary maintenance charges and other obligations to be constructed observed and performed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complexbuilding known as “fm¡n he (POLASH BON)”. AND WHEREAS by and thus the DEVELOPER/PROMOTER after entering into the Development Agreement in respect to the schedule “A” property duly sanctioned a building plan under storied residential cum commercial building vide Sanctioned Plan No. B-2/RB/01/2022-23 dated 26.07.2022 from the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer office of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces Chandannagore Municipal Corporation (hereinafter for the sake of brevity called and referred to as the HOUSING COMPLEX"said building plan") and are willing to be ultimately held by/owned by various intending purchasers on ownership basisinitiate DEVELOPMENT WORK after obtaining all necessary "no objections"/"clearances", from the respective competent authorities. AND WHEREAS the Developer has caused said project shall be known as “fm¡n he POLASH BON” situated at N.C. Xxxxx Road Chandannagore District Hooghly and Developed within the said housing project to be registered in accordance with the provisions Jurisdiction of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --P.S. Chandannagore District Hooghly. AND WHEREAS the Parties have gone through all the terms & conditions set out in DEVELOPER/PROMOTER is fully competent to enter into this Agreement and understood all the mutual rights legal formalities with respect to the right, title and obligations detailed hereininterest of the DEVELOPER/PROMOTER regarding the said land on which Project is to be constructed in respect to the DEVELOPER /PROMOTERS allocation. AND WHEREAS the competent authority has granted the commencement certificate to develop the Project vide approval by the Sanctioned Authority. AND WHEREAS the LAND OWNERS and the DEVELOPER/PROMOTER herein has obtained the final layout plan approvals for the Project fromChandernagore MunicipalCorporation. The LAND OWNERS and the DEVELOPER/PROMOTER agrees and undertakes that it shall not make any changes to these layout plans except in strict compliance with law as applicable. Provided that the DEVELOPER/PROMOTER may make such minor additions or alterations as may be required by the allottee, or such minor changes or alterations as may be necessary due to architectural and structural reasons duly recommended and verified by an authorized Architect or Engineer after proper declaration and intimation to the ALLOTTEE or PURCHASER. AND WHEREAS the DEVELOPER/PROMOTER has registered the Project under the provisions of the Real Estate (Regulation and Development) Act, 2016 with the Real Estate Regulator Authority Vide Registration No.
Appears in 1 contract
Samples: 202.61.117.163
AND WHEREAS. the Vendor, Confirming Party OWNER and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor DEVELOPER together entered into an Agreement for Development of the said Complex for better enjoyment of facilities, amenities proposed land and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA Agreement which was registered at the Office of the A.R.A. - III, and became Deed No. I-1232 for the year 2018 duly registered at Book No. I, Volume No 1903-2018, (Page No. 52321 to 52395) registered before the office of the ARA-III, Kolkata and in furtherance thereof pursuance of the said Agreement the Developer has commenced started to raise and construct multistoried building comprised of Residential flats / unit / parking space on the work basis of sanctioned building plan and by its own power would carry out the process of transfer to intending purchasers of flat/unit/car parking space comprising in the proposed building and would also realize the cost of construction of new building and/or buildings at the flat / unit / car parking space and common parts from the intending purchaser directly for self and the cost of the proportionate share of interest in the land described in the “First Schedule” mentioned hereunder and as would be proportionate to each such flat / unit / car parking space and common parts through its Partner as well as the Power of Attorney Holder for and on behalf of the OWNERS and upon receipt of such payment from the intending purchasers the DEVELOPER through its partner, shall select or/and elect the intending purchasers for purchase of the undivided, proportionate, impartible and indivisible share or interest in the said Premisesland as would be proportionate to each such flat / unit / car parking space agreed to be acquired by the intending purchasers to the DEVELOPER through its partner who would execute proper sale deed / conveyance deed in respect of the said undivided, comprise impartible and indivisible interest in the land and it was resolved through the aforesaid meeting that all the aforesaid activity including the execution of various self-contained flats units, apartments, constructed spaces documents and agreements or application loan from any bank or financial institution or in any Govt. Office or/and discharge of all duties regarding signing in the Deeds on behalf of the Firm etc. to done and to be executed by its Representative cum Managing Partner. AND WHEREAS the aforesaid DEVELOPER through its partner started the process of making construction of the proposed multistoried building comprising several Residential Flats/Units and Car Parking Spaces (hereinafter referred whom the DEVELOPER through its partner would procure on its own and such intending purchaser shall pay consideration money to the DEVELOPER through its partner for the Residential Flats/Units and Car Parking Spaces after constructing the said multistoried Residential Building as per the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basissanctioned plan from Burdwan Municipality. AND WHEREAS the Developer has caused DEVELOPER submitted a scheme cum proposed plan in the said housing project to be registered name of the Owner before the Burdwan Municipality and in accordance that regard the OWNER through the DEVELOPER got their proposed plan sanctioned and obtained Municipal Plan being Sanctioned Memo No. – SWS-OBPAS/1201/2022/0679 Dated – 14/10/2022 with the provisions permission to construct one Ground (G) Plus (+) Three (3) Storied Residential Building consisting of West Bengal Housing Industry Regulatory Authority Act several Flats and Parking Spaces AND WHEREAS the Purchaser has agreed to purchase ( ) Flat on ( ) Floor ( Side) (hereinafter referred to as the said ACTunit) under Registration Nomeasuring Carpet Area (inclusive. HIRA/ --Balcony Area) sq ft. AND WHEREAS (little more or less), Built up Area - sqft (little more or less), Super Built up Area - sqft (little more or less), or described in the Parties have gone through all Second Schedule, & Covered Car Parking Space measuring sq.ft (A little more or less) on the terms & conditions set out Ground Floor of the said Building together with undivided proportionate share in this Agreement land and understood common benefits at or for total consideration Rs. ( Rupees Only) and cost of construction be paid in the mutual rights and obligations detailed hereinmanner as hereinafter described in the Third Schedule hereunder written.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders authenticated copies of the respective buildings to be constructed by the said Developer. The rights of access to plans and from the respective flats specifications of the respective buildings Apartment agreed to be purchased by the respective purchasers including Allottee, as sanctioned and approved by the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has competent authority wherever applicable have been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisannexed hereto. AND WHEREAS the Developer promoter has caused got some of the approvals from the concerned competent authority(s) to the plans, the specifications, elevations, sections and of the said housing project building/s wherever applicable and shall obtain the balance approvals, if any from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be registered observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --proposed plans. AND WHEREAS the Parties have gone through Purchaser approached Builder/Vendor to purchase a residential flat and has inspected all the relevant title documents, approved plans and has agreed to purchase one residential Flat bearing No. ……………, situated on the ……….. Floor admeasuring an area of sq. mtrs., of the Block ‘………..’, in the complex named “CIVILCO ARCADE” on ownership basis, hereinafter the flat is referred to as “THE SAID FLAT” described in the Schedule-II hereunder written and shown in the plan annexed and the Builder/Vendor has agreed to construct the same for the Purchaser and the parties have accordingly agreed on the following terms & conditions set out in this Agreement and understood conditions. AND WHEREAS the mutual rights carpet area of the said Apartment is square meters and obligations detailed herein"carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the VendorLand Owner approached to OMEGA CONSTRUCTION (A partnership Firm) having its office at 0/00, Confirming Party Xxxxxxxxxx Xxxx, X-Xxxx, Xxxxxxxx – 713205, Dist : Paschim Bardhaman the Developer and Developer have jointly agreed described the other part herein offered it to sell flats available to undertake the respective purchasers /holders jobs of the respective buildings to be constructed by construction of G+3 (Three) building on the said Developer. The rights of access to land as per sanctioned building plan and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided investing necessary funds in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complexthereof. AND WHEREAS by and under the Developer accepted the said JDA it has been agreed between the Vendor that proposal of land Owners as per terms and conditions mentioned below and whereas the Developer shall be entitled permitted to enter into agreements raise construction of G+3 residential building on the said land and to make agreement to self and/or to sell to intending buyers only for sale and transfer the Developer’s allocation of the new building as may be deemed first and proper by the Developer excepting the proportions of the newly constructed building which will be kept reserved for the land owners as per terms and conditions mentioned below :- AND WHEREAS the Land Owners and the Developer have agreed to the above proposals and are desirous of recording the said agreement and various terms and conditions to avoid any misunderstanding later on. Hence the parties herein agreed and record in writing with details of such terms and conditions mutually agreed to by the parties herein as below :- NOW THIS AGREEMENT WITNESSETH AND IT IS XXXXXX DECLARED AGREED BY THE PARTIES AS FOLLOWS :- BUILDING shall means maximum limit of floors consisting of as many as flats units apartments shops, garages etc to be constructed spaces according to tbe plan including any modification and car parking spaces /or addition sanctioned by the Durgapur Municipal Corporation duly approved by the form time to time and to receive realize be constructed on the “said property” more fully and collect the amount of consideration specially and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer specifically described in the manner as provided for in First Schedule written hereunder, and the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.SAID “BUILDING|
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders all of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats Vendors of the respective buildings First Part herein shall have no objection under any circumstances to be purchased by construct proposed building through the respective purchasers including Developer of the above named purchaser from through Second Part herein and along the pathways also have no objection with any terms and passages provided in lay out on the ground floor conditions of the said Complex for better enjoyment Development Agreement being No. of facilities, amenities the 160602830/2019 and use and convenience due to death of ingress and egress from aforesaid two owners the main public Municipal Road up Development Power of Attorney being No. 160603013 stands as void according to the places statutory provision of the respective buildings in law and considering such aspect the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer Vendors of the various flats units apartments constructed spaces First Part herein executed a General Power of Attorney, which registered on 03.06.2020 at A.D.S.R. Sealdah and car parking spaces recorded under Book No. IV, Volume No. 1606-2020, Pages- 3131 to 3173, being No. 160600129 for the year 2020 and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance by virtue of the said JDA General Power of Attorney the Vendors of the First Part herein declared and confirmed that the terms of the said Development Agreement stands as valid in furtherance thereof each and every respect and also empowered to the Developer has commenced of the work Second Part herein to act in terms of the said Development Agreement as well as Power of Attorney, so executed by the Vendors of the First Part herein; AND WHEREAS as per terms and conditions of the aforesaid Agreement and also by the dint of said Power of Attorney the Developer, XXX XXXXXX DEVELOPERS sanctioned the building plan from the concerned authority of Kolkata Municipal Corporation vide sanctioned No. 2020020003 dated 15.07.2020 and also in terms of the aforesaid agreement and power said XXX XXXXXX DEVELOPERS being as Developer already started construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as building on the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered aforesaid landed property in accordance with the provisions sanctioned building plan and now, by virtue of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACTPower of Attorney and also in terms of the said Development Agreement the Developer herein sufficiently entitled or have the full right and absolute authority to sell out any self-content flat and garage from the Developers’ Allocation in the said building unto or in favour of any intending Purchaser or Purchasers after receiving the reasonable consideration in respect thereto and upon consent of the Vendors, the Developer herein now intend to sale ONE FLAT measuring an area of CARPET AREA OF ............ ( ) under Registration NoSq. HIRA/ --Ft. AND WHEREAS more or less and the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.COVERED AREA OF ............
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders authenticated copies of the respective buildings to be constructed by the said Developer. The rights of access to plans and from the respective flats specifications of the respective buildings Apartment agreed to be purchased by the respective purchasers including Allottee, as sanctioned and approved by the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has competent authority wherever applicable have been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisannexed hereto. AND WHEREAS the Developer promoter has caused got some of the approvals from the concerned competent authority(s) to the plans, the specifications, elevations, sections and of the said housing project building/s wherever applicable and shall obtain the balance approvals, if any from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be registered observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --proposed plans. AND WHEREAS the Parties have gone through Purchaser approached Builder/Vendor to purchase a residential flat and has inspected all the relevant title documents, approved plans and has agreed to purchase one residential Flat bearing No. ……………, situated on the ……….. Floor admeasuring an area of sq. mtrs., of the Block ‘………..’, in the complex named “KHAN RESIDENCY” on ownership basis, hereinafter the flat is referred to as “THE SAID FLAT” described in the Schedule-II hereunder written and shown in the plan annexed and the Builder/Vendor has agreed to construct the same for the Purchaser and the parties have accordingly agreed on the following terms & conditions set out in this Agreement and understood conditions. AND WHEREAS the mutual rights carpet area of the said Apartment is square meters and obligations detailed herein"carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party OWNER and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor DEVELOPER together entered into an Agreement for Development of the said Complex for better enjoyment of facilities, amenities proposed land and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA Agreement which was registered at the Office of the A.D.S.R. - Burdwan, and became Deed No. I-4461 for the year 2023 duly registered at Book No. I, Volume No 0203-2023, (Page No. 117986 to 118040 ), registered before the office of the A.D.S.R. – Burdwan and in furtherance thereof pursuance of the said Agreement the Developer has commenced started to raise and construct multistoried building comprised of Residential flats / unit / parking space on the work basis of sanctioned building plan and by its own power would carry out the process of transfer to intending purchasers of flat/unit/car parking space comprising in the proposed building and would also realize the cost of construction of new building and/or buildings at the flat / unit / car parking space and common parts from the intending purchaser directly for self and the cost of the proportionate share of interest in the land described in the “First Schedule” mentioned hereunder and as would be proportionate to each such flat / unit / car parking space and common parts through its Partner as well as the Power of Attorney Xxxxxx for and on behalf of the OWNERS and upon receipt of such payment from the intending purchasers the DEVELOPER through its partner, shall select or/and elect the intending purchasers for purchase of the undivided, proportionate, impartible and indivisible share or interest in the said Premisesland as would be proportionate to each such flat / unit / car parking space agreed to be acquired by the intending purchasers to the DEVELOPER through its partner who would execute proper sale deed / conveyance deed in respect of the said undivided, comprise impartible and indivisible interest in the land and it was resolved through the aforesaid meeting that all the aforesaid activity including the execution of various self-contained flats units, apartments, constructed spaces documents and agreements or application loan from any bank or financial institution or in any Govt. Office or/and discharge of all duties regarding signing in the Deeds on behalf of the Firm etc. to done and to be executed by its Representative cum Managing Partner. AND WHEREAS the aforesaid DEVELOPER through its partner started the process of making construction of the proposed multistoried building comprising several Residential Flats/Units and Car Parking Spaces (hereinafter referred whom the DEVELOPER through its partner would procure on its own and such intending purchaser shall pay consideration money to the DEVELOPER through its partner for the Residential Flats/Units and Car Parking Spaces after constructing the said multistoried Residential Building as per the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basissanctioned plan from Burdwan Municipality. AND WHEREAS the Developer has caused DEVELOPER submitted a scheme cum proposed plan in the said housing project to be registered name of the Owner before the Burdwan Municipality and in accordance that regard the OWNER through the DEVELOPER got their proposed plan sanctioned and obtained Municipal Plan being Sanctioned Memo No. – SWS-OBPAS/1201/2024/0011 Dated – 21/05/2024 with the provisions permission to construct one Ground (G) Plus (+) Two (2) Storied Residential Building consisting of West Bengal Housing Industry Regulatory Authority Act several Flats and Parking Spaces. AND WHEREAS the Purchaser has agreed to purchase ( ) BHK Flat on ( ) Floor ( ) (hereinafter referred to as the said ACTunit) under measuring Built up Area – sq.ft (little more or less), Super Built-up Area - sq.ft (little more or less), or described in the Second Schedule, with undivided proportionate share in land and common benefits at or for total consideration Rs. (Rupees Only) (Excluding Stamp Duty and Registration No. HIRA/ --. AND WHEREAS Charges) and Total GST Amount of Rs (Rupees Only) and cost of construction be paid in the Parties have gone through all manner as hereinafter described in the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinThird Schedule hereunder written.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party purchaser/s hereto being satisfied about the right title and interest of the Vendors/Developer and nature of construction and the facilities to be provided and being desirous to own one flat/unit have jointly agreed to sell flats available accepted the proposal and have expressed its intention or proposed to the respective purchasers /holders of Vendors/Developer to purchase one flats/Unit measuring about 850 Sq. feet super built up more or less (subject to final measurement after finish) On the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground Fifth floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings building Block - “B” as fully described in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer SECOND SCHEDULE hereunder written with undivided variable impartible indivisible proportionate share or interest in the manner as provided for Land and TOGETHER WITH undivided right or interest in the said JDA. AND WHEREAS in pursuance of the said JDA common areas and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) privileges to be ultimately held by/owned by various intending purchasers on ownership basisprovided in the building comprised within or situated at 00, Xxx Xxxxxx Saha Lane, P.S. & District Howrah, within Howrah Municipal Corporation Xxxx No. 28, as fully described in the THIRD SCHEDULE hereunder written, and has agreed to pay a total consideration of Rs. ) only i.e. @ Rs. (Rupees ) only per Sq. feet considering the price to be fair and marketable one. AND WHEREAS the Developer has caused parties hereto have agreed to certain terms and conditions regarding the sale of the said housing project flat/unit as stated above and about the construction of the building and the flat/unit as per specifications described in the SECOND SCHEDULE here under written and subject to be registered payment of consideration amount as stated in accordance with the provisions SIXTH SCHEDULE here under written and subject to payment of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred proportionate common expenses as stated in the FOURTH SCHEDULE here under written and in order to avoid future confusions and complications parties here to enter into this agreement as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.follows:-
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders authenticated copy of the respective buildings Site Plan showing the Layout of the complex/es and open space/s as proposed to be constructed by the VENDOR/PROMOTER on the said Developerproject have been annexed hereto. The rights of access to and from AND WHEREAS the respective flats authenticated copy of the respective buildings Floor Plan showing specifications of the Apartment agreed to be purchased by the respective purchasers including PURCHASER/ALLOTTEE, have been annexed hereto. AND WHEREAS the above named purchaser VENDOR/PROMOTER has got necessary approvals from through the concerned competent authority(s) to the plans, the specifications, elevations, sections and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment complex/complexes wherever applicable and shall obtain the balance approvals, if any, from various authorities from time to time, so as to obtain Completion Certificate or Occupancy Certificate of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex/complexes. AND WHEREAS by and under while sanctioning the said JDA it plans concerned local authority and/or Government has been agreed between laid down certain terms, conditions, stipulations and restrictions, which are observed and performed by the Vendor that VENDOR/PROMOTER while developing the Developer said Plot and the said complex/complexes and upon due observance and performance of which only the completion or occupancy certificate in respect of the said complex/complexes shall be entitled to enter into agreements for sale and transfer of granted by the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDAcompetent local authority. AND WHEREAS in pursuance the VENDOR/PROMOTER has accordingly commenced construction of the said JDA and complex/complexes in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at accordance with the said Premisessanctioned/approved plans. AND WHEREAS the PURCHASER/ALLOTTEE has applied to the VENDOR/PROMOTER for allotment of an APARTMENT No. of the type __ BHK, comprise on _ FLOOR, situated in the Complex No. “ ” being constructed in the Phase- _ of various selfthe said Project, for the total consideration/price of Rs. /- (Rupees only), more particularly described in SCHEDULE-contained flats units, apartments, constructed spaces III written hereunder and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by“SAID APARTMENT/owned by various intending purchasers on ownership basisUNIT”. AND WHEREAS the Developer has caused carpet area of the said housing project Apartment is square meters appx. (corresponding to be registered in accordance with super built up area of sq. mtrs.) and "carpet area" means the provisions net usable floor area of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS Apartment for exclusive use of the Parties have gone through all PURCHASER/ALLOTTEE or verandah area and exclusive open terrace area appurtenant to the terms & conditions set out in this Agreement and understood said Apartment for exclusive use of the mutual rights and obligations detailed hereinPURCHASER/ALLOTTEE, but includes the area covered by the internal partition walls of the Apartment.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities facilities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor Vendors that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces in its own name and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. Developer shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-self contained flats units, apartments, units apartments constructed spaces and Car Parking Spaces car parking spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the The Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. The Allottee had applied for allotment of apartment in the Project and the Developer has agreed to allot to the Allottee ALL THAT the UNIT/APARTMENT NO. ------ on the ------- (----------------) FLOOR of the building being BLOCK NO. ‘2 (TWO)’ containing by estimation a CARPET AREA OF SFT; more or less, (hereunder referred to as the said UNIT situation whereof is shown and delineate in the map or plan annexed hereto and bordered in RED thereon) Together with right to park small/ medium sized motor car on the ONE OPEN/COVERED CAR PARKING SPACE on the ground floor of the Building Complex (hereinafter referred to as the CAR PARK) to be specifically allotted and demarcated by the Vendor at the time of possession TOGETHER WITH the undivided proportionate share in all common parts portions areas facilities and amenities AND WHEREAS TOGETHER WITH the undivided proportionate share in the land underneath the said Block/Building appurtenant and/or allocable thereto , more fully and particularly mentioned and described in the SECOND SCHEDULE hereunder written, for the consideration and subject to the terms and conditions hereinafter appearing. The Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. The Parties, 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; In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Developer has agreed to sell and transfer and the Allottee agrees to purchase and acquired the said Unit/Apartment and the covered parking space for the consideration and subject to the terms and conditions hereinafter appearing. The Land is earmarked for the purpose of developing a Residential Real Estate Building comprising of 1 (One) number of Tower having 12 Nos. Residential Flats (“Building”) and the said building shall be shall be known as “EDEN PETALS – BLOCK – ‘2 (TWO)’ ” ("Project"); The Allottee had applied for a Unit in the Project and has been allotted the FLAT/ UNITNO. on the -------- (--------) FLOOR having CARPET AREA of SQ. FT. and Exclusive Balcony/Verandah/Open Terrace Area Or “EBVT Area”, having AREA of --------- SQUARE FEET aggregating to a Net Area of ----- ---- SQ. FT. in the Building (“Unit”) together with right to park ONE small/ medium sized motor car on the OPEN/COVERED CAR PARKING SPACE on the ground floor of the Building Complex, (“Garage”) as permissible under the applicable law and of pro rata share in the Common Areas (defined hereinafter) (the Unit and Car parking Space, if allotted, hereinafter collectively referred to as the "Apartment”, more particularly described in SECOND SCHEDULE hereunder : AREA OF THE FLAT SFT. Carpet Area of Unit ------ EBVT Area ------ Net Area = (Carpet Area of Unit + EBVT Area) ----- The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. On demand from the Allottee, the Developer has given inspection to the Allottee of all the documents of title relating to the Land and the plans, designs and specifications prepared by the Developer's Architects and of such other documents as are specified under the Act.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the VendorDEVELOPER is itself is a highly reputed Partnership Firm in the sector of Development and Promoting of Land and allied works and having more experience, Confirming Party knowledge and Developer have jointly agreed skill to sell flats available develop the same. So the OWNER of the First Schedule mentioned property gave offer to the respective purchasers /holders DEVELOPER to develop the First Schedule Property as mentioned below. In response to that offer the DEVELOPER has accepted the said Offer and decided to raise construction as per the sanctioned plan as mentioned xxxxxxxxxxx and subsequently in that regard the Owner and the Developer executed and registered one Development Agreement cum Power of Attorney being Deed No. I- 7635 for 2019, incorporated in Book No. I, Volume No. 0203-2019,registered in the Office of the respective buildings to be constructed by ADSR, Burdwan and since then the said Developer. The rights of access to and from Developer obtained the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided possession in lay out on the ground floor respect of the said Complex for better enjoyment of facilities, amenities FIRST SCHEDULE mentioned property and use and convenience of ingress and egress from the main public Municipal Road up initiated to the places of the respective buildings raise construction in the said complex. AND WHEREAS by property as per the aforesaid Municipal Sanctioned Plan and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof Agreement the Developer has commenced started to raise and construct multistoried building comprised of Residential flats / units/ parking space onthe basis of sanctioned building plan and by its own power would carry out the work process of transfer to intending purchaser of flat /unit / car parking space comprising in the proposed building and would also realize the cost of construction of new building and/or buildings at the flat / unit / car parking space and common parts from the intending purchaser directly for self and the cost of the proportionate share of interest in the land described in the “First Schedule” mentioned hereunder and as would be proportionate to each such flat/unit/car parking space and common parts through its All partners as well as the Power of Attorney Holders for and on behalf of the OWNERS and upon receipt of such payment from the intending purchaser the DEVELOPER through its all partners, shall select or/and elect the intending purchaser for purchase of the undivided, proportionate, impartible and indivisible share or interest in the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred land as would be proportionate to as the HOUSING COMPLEX) each such flat/unit/car parking space agreed to be ultimately held byacquired by the intending purchaser to the DEVELOPER through its all partners who would execute proper sale deed/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused conveyance deed in respect of the said housing project undivided, impartible and indivisible interest in the land and it was resolved through the aforesaid meeting that all the aforesaid activity including the execution of documents and agreements or application loan from any bank or financial institution or in any Govt. Office or/and discharge of all duties regarding signing in the Deeds on behalf of the Firm etc. to done and to be registered in accordance with the provisions executed by both of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinits All partners.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the VendorDeveloper is constructing the building on the said property consisting of several flats / Garage/Unit spaces according to the sanctioned plan sanctioned by the South Dum Dum Municipality vide plan No. 458 dated 27th day of May, 2019, which is now going on progress. AND WHEREAS the Owners/Vendors being the party of the first part and Developer party of the second part as Developer, Confirming Party and attorney agree to sell from their DEVELOPER ALLOCATION and the Purchasers agree to purchase Residential Flat being Flat No “ ” on the Floor, ( ) Side, measuring ( ) Sq. ft. more or less including super built up area of the said building at the below schedule mentioned property, more fully and particularly described in the Second Schedule hereunder written and together with proportionate share and interest on the land described in the first schedule at or for the consideration of Rs. /- [Rupees ] only @ /- (Rs. ) per sq. Ft. Vendors/Owners and the Purchasers entered into an Agreement for Sale :: In terms and conditions of the above Agreement for Sale dated made between the Vendors/Owners herein as the First Part and the Developer herein as the Second Part and the Purchasers herein as the Third Part, the Vendors/Owners and The Developer have jointly agreed to sell flats available and the Purchasers has agreed to purchase the respective purchasers /holders ALL THAT one self contain Flat in being Flat Vide No. , on the Side of the respective buildings to be constructed by the said DeveloperFloor, measuring a super built up area of Sq. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor Ft. more or less of the said Complex for better enjoyment of facilitiesbuilding including undivided impartible proportionate share or interest in the land or ground together with undivided common rights on the terrace and parapet walls, all common amenities and use facilities appended thereto the said building, more fully mentioned and convenience described in the SECOND SCHEDULE hereunder in the said for the total price of consideration of Rs. /- [Rupees ] only free from all encumbrances and liabilities whatsoever. On the request of the Purchasers, the Vendors/Owners/Developer have agreed to execute and register a Deed of Conveyance in favour of the Purchasers in respect of the said Flat mentioned herein below, of the said building including undivided impartible proportionate share or interest in land, together with undivided common rights on the terrace and parapet walls with all common amenities and facilities appended thereto the said building and premises more fully mentioned and described in the SECOND SCHEDULE hereunder written at or for the price or consideration money free from all encumbrances and liabilities whatsoever absolutely and forever. TOGETHER WITH the land, whereupon or on part whereof, the same is erected and built and premises, that are part and parcel thereof, together with all rights, liberties, privileges, easements, profits and appendages, right of ingress and egress from and right of air and light, that are belonging thereunto and/or reputed so to belong and all muniments of title documentation, that are in the main public Municipal Road up custody, power and possession of the Vendors/Owners, relating to the places demised premises and all rents, issues, profits and usufructs there from, for the Purchasers TO HAVE AND TO HOLD, the same for an indefeasible title, in fee simple, free from all encumbrances whatsoever, absolutely and forever, doth hereby covenants, with the Purchasers, that notwithstanding, any act, deed or thing done by them, or their predecessor-in-interest, they the Vendors/Owners, have in their good, rightful, power and absolute authority, to grant, sell, convey, transfer, assign and assure, the demised premises, unto the Purchasers, as is being done by this instrument and that there is no latent or patent defect of title of the respective buildings Vendors/Owners in the said complex. AND WHEREAS by same, or any latent or patent defect of title of the Purchasers i.e. being obtained through this instrument and further that there is no clog on the title of the Vendors/Owners and further there is no impediment, or bar for the Vendors/Owners to absolutely sell the demised premises as Vendors/Owners thereof, either under any law, or statute, or under any order of Court, or any other statutory forum, or Municipality or under any contract and the said JDA it has been agreed between Vendors/Owners, hereby further covenant with the Vendor Purchasers, that the Developer demised premises and every part thereof, is totally free from all encumbrances whatsoever and the Vendors/Owners hereby keeps the Purchasers sufficiently harmless and indemnified against the same and the Vendors/Owners hereby further covenant with the Purchasers, that all municipal taxes, electric bills, maintenance charges and all other outgoings, in respect of the demised premises, shall be entitled borne by the Vendors/Owners till the month, date or quarter in which this conveyance is being executed or vacant and peaceful possession is taken, whichever is earlier, as shall be applicable and thereafter the same shall be paid by the Purchasers and the Vendors/Owners hereby further mutually covenant with the Purchasers, that the Purchasers shall be free to enter into agreements for sale use, occupy, enjoy, possess and transfer absolutely own the same, without any let or hindrance, claim, question or demand, being raised by the Vendors/Owners or any one claiming through or under them, or in trust or in equity and the Vendors/Owners further covenant with the Purchasers, that on request of the various flats units apartments constructed spaces Purchasers, they will be bound to do, all and car parking spaces every act and to receive realize sign, execute and collect register if necessary, all deeds, documents, applications and papers, for more perfectly assuring the amount title, of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for demised premises AND the parties doth hereby mutually covenant with one another, that all of them shall at all times in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premisesfuture, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance duly comply with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & and conditions set out contained in this Agreement and understood the mutual rights and obligations detailed herein.conveyance. THE VENDORS / OWNERS AND DEVELOPER XXXX XXXXXX FURTHER COVENANT WITH THE PURCHASERS AS FOLLOWS: -
Appears in 1 contract
Samples: 202.61.117.163
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed ONE JIB is subject to sell flats available to the respective purchasers /holders all applicable provisions of the respective buildings to be constructed Act, including having: (i) a code of conduct established by the said Developer. The rights councils of access to and from the respective flats each of the respective buildings to be purchased municipalities for which it is a local board and by having(ii) an Integrity Commissioner and Closed Meeting Investigator appointed by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor councils of the said Complex municipalities for better enjoyment which it is a local board. It; and (iii) a records retention by-law that establishes retention periods during which the records of facilities, amenities ONE JIB must be retained and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered preserved in accordance with the provisions Act; AND WHEREAS it has a been determined by ONE JIB that it would be prudent to have one code of West Bengal Housing Industry Regulatory Authority Act conduct, one Integrity Commissioner and one Closed Meeting Investigator for ONE JIB, rather than one from each of the Founding Municipalities and one from each of the other municipalities that subsequently enter into the ONE JIB Agreement; AND WHEREAS each of the Founding Municipalities and Participating Municipalities that subsequently entered into the ONE JIB Agreement pursuant to an Authorizing Byauthorizing by-law that is substantially in the same form as this By-law (hereinafter referred “Authorizing By-law”), established the code of conduct for ONE JIB that is attached to the ONE JIB Agreement as part of the said ACTTerms of Reference as (the code of conduct for ONE JIB (the “Code of Conduct”) under Registration Noand authorized ONE JIB to make future changes to the Code of Conduct; AND WHEREAS after consultation with ONE Investment staff the Founding Municipalities directed ONE JIB’s agent, ONE Investment to undertake a Request for Proposals (“RFP”) process to retain the services of both an Integrity Commissioner and a Closed Meeting Investigator for ONE JIB. HIRA/ --The ONE JIB Secretary worked with ONE Investment staff and two representatives of the Founding Municipalities’ municipal clerks in connection with, to undertake a Request for Proposals (“RFP”) process to retain the services of both an Integrity Commissioner and a Closed Meeting Investigator for ONE JIB. After completion of the RFP process. The results were shared with the Founding Municipalities. Thereafter the recommended candidate(s) were was submitted to ONE JIB for its consideration and ONE JIB appointed the recommended candidate(s) as its Integrity Commissioner and its Closed Meeting Investigator; AND WHEREAS each Founding Municipality, pursuant to an Authorizing By-law, delegated to ONE JIB the authority to appoint its initial Integrity Commissioner and its initial Closed Meeting Investigator and their respective successors, from time to time, in accordance with the process set out in the Terms of Reference which form part of the ONE JIB Agreement; AND WHEREAS a records retention by-law was passed by ONE JIB on February 28, 2024 (the “Records Retention By-law”) and at that time more than a majority of the Participating Municipalities in their capacity as “affected municipalities” as that term is substantially the same as this By-law, delegated to ONE JIB the authority to appoint its initial Integrity Commissioner and its initial Closed Meeting Investigator and their respective successors, from time to time, in accordance with the process set outused in sections 254 and 255 of the Act, approved the establishment of the retention periods during which the records of ONE JIB must be retained and preserved and all of the Participating Municipalities at that time delegated the necessary powers and duties in respect of the Termsrecords of Reference which form part ofONE JIB to the Secretary of ONE JIB Agreementin accordance with the Records Retention By-Law; AND WHEREAS the Parties Municipality is required to have gone through all entered into the terms & conditions set out in this ONE JIB Agreement before the Municipality can pass its Prudent Investor Enabling By-law; AND WHEREAS after ONE JIB confirms its acceptance of the Municipality as a Participating Municipality under the ONE JIB Agreement and understood after the mutual rights Municipality, ONE JIB and obligations detailed herein.ONE Investment have signed the ONE JIB Agreement ONE JIB, through its agent ONE Investment, and the Municipality will agree upon on an effective date for the ONE JIB Agreement vis à vis the Municipality as a Participating Municipality and such effectivewhich date will be the effective date of the Municipality’s authorization of the application of section 418.1 of the Act to it, which effective date will also be known as the “Prudent Effective Date”;
Appears in 1 contract
Samples: Joint Investment Board Agreement
AND WHEREAS. the Vendor, Confirming Party purchaser/s hereto being satisfied about the right title and interest of the Vendors/Developer and nature of construction and the facilities to be provided and being desirous to own one flat/unit have jointly agreed to sell flats available accepted the proposal and have expressed its intention or proposed to the respective purchasers /holders of Vendors/Developer to purchase one flats/Unit measuring about 850 Sq. feet super built up more or less (subject to final measurement after finish) On the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground Fifth floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings building Block - “B” as fully described in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer SECOND SCHEDULE hereunder written with undivided variable impartible indivisible proportionate share or interest in the manner as provided for Land and TOGETHER WITH undivided right or interest in the said JDA. AND WHEREAS in pursuance of the said JDA common areas and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) privileges to be ultimately held by/owned by various intending purchasers on ownership basisprovided in the building comprised within or situated at 00, Xxx Xxxxxx Saha Xxxx, X.X. & District Howrah, within Howrah Municipal Corporation Xxxx No. 28, as fully described in the THIRD SCHEDULE hereunder written, and has agreed to pay a total consideration of Rs. ) only i.e. @ Rs. (Rupees ) only per Sq. feet considering the price to be fair and marketable one. AND WHEREAS the Developer has caused parties hereto have agreed to certain terms and conditions regarding the sale of the said housing project flat/unit as stated above and about the construction of the building and the flat/unit as per specifications described in the SECOND SCHEDULE here under written and subject to be registered payment of consideration amount as stated in accordance with the provisions SIXTH SCHEDULE here under written and subject to payment of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred proportionate common expenses as stated in the FOURTH SCHEDULE here under written and in order to avoid future confusions and complications parties here to enter into this agreement as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.follows:-
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. subsequently the VendorDEVELOPER sanctioned the building plan as partly Ground Plus Four storied as per prevailing building Rules of KMC vide sanctioned Building Permit No. 2022120131 dated 04.07.2022 from the K.M.C. Borough Office – XII and thus by virtue of mutual discussion between the OWNER and the DEVELOPER, Confirming Party the Allocation of both the OWNER and Developer have jointly agreed the DEVELOPER was altered and changed and the same has been established by virtue of a registered Supplementary Agreement alongwith Power of Attorney dated 08.09.2021, registered at D.S.R. - IV, Alipore, South 24- Parganas and recorded into Book No.1, Volume No. 1604-2021, Pages from 285220 to sell flats available to 285246, Deed No. 160407866 for the respective purchasers /holders year 2021 and now the DEVELOPER has developed as well as promoted the entire premises as described in the SCHEDULE – ‘A’ below as per aforesaid sanctioned building plan and the flat together with one Parking Space which is hereby being sold in favour of the respective buildings to be constructed by PURCHASER is off Owner’s Allocation and the said Developer. The rights of access to and from OWNER has received the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of entire consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basissum. AND WHEREAS the Developer West Bengal Government introduced the new Promoter and Builder Law as per The West Bengal Real Estate (Regulation and Development) Act, 2016 and also The West Bengal Real Estate (Regulation and Development) Rules, 2021. The DEVELOPER has caused now taken the registration of this project under this Act and Building Rules vide Registration No. dated and the DEVELOPER has also taken registration of GST. As per said Act the registration of the flat shall be done on Carpet area which has been described in this deed accordingly. AND WHEREAS the Flat and Car Parking Space as mentioned in the SCHEDULE - B below are of Developer’s allocated portion and the DEVELOPER has received the entire sale proceeds i.e. consideration amount from the intending Purchaser herein. AND WHEREAS during construction of the building the PROMOTER/DEVELOPER declared to sell the flats etc. with habitable use of the DEVELOPER'S ALLOCATION and the PURCHASER herein knowing the same and also after satisfaction of the title of the property agreed to purchase one residential Apartment/Flat/Unit No. ___ having carpet area of ____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of ____ Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the ______ Floor, ___________ side of the building and the flat is consisting of Bed rooms, 1 Drawing-cum-Dining room, 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to park 1 (One) medium sized motor car of the covered Car Parking Space being No. __ on the Ground Floor of the said housing project building measuring an area of 120 (One hundred and Twenty) Sq.ft. more or less on satisfaction of the PURCHASER regarding the specification of the flat and its area and also right to be registered use all common service area and other facilities and also right to use the common portions, space and right of common use of the common passage, stair- case, landings etc. as well as roof for the service purpose and the other necessary easement rights as described in the SCHEDULE “C” hereunder written and undivided proportionate share of land as described in the SCHEDULE “A” below. AND WHEREAS both the VENDOR and the PROMOTER/DEVELOPER agreed to sell and convey the said Flat No. and the PURCHASER agrees to purchase the said Flat No. situated on the ______ Floor, side of the Ground Plus Three Storied building togetherwith one Car parking Space No. on Ground Floor of the said building as described in the SCHEDULE “B” below togetherwith undivided proportionate share of land as described in the SCHEDULE “A” below and also right to use all common rights and facilities as described in the SCHEDULE “C” for a total consideration price of Rs. /- (Rupees ) only free from all encumbrances, liabilities, whatsoever, which is under PROMOTER/DEVELOPER /CONFIRMING PARTY’S Allocation. AND WHEREAS the PROMOTER/DEVELOPER entered into an Agreement for Sale dated , with the PURCHASER and the DEVELOPER has agreed to sell the PURCHASER the said Apartment/Flat/Unit No. ___ having carpet area of ____ Square Feet more or less (Exclusive Balcony/Verandah Carpet Area ___ Square Feet excluded from total carpet area) aggregating to net carpet area of Square Feet corresponding to total built up area of unit ____ Square Feet and corresponding to total Super built up/Saleable area of _____ Square Feet more or less on the ______ Floor, ___________ side of the building and the flat is consisting of Bed rooms, 1 Drawing-cum-Dining room, 1 Kitchen, 1 Toilet, 1 W.C. and 1 Verandah together with right to park 1 (One) medium sized motor car of the covered Car Parking Space being No. __ on the Ground Floor of the said building measuring an area of 120 (One hundred and Twenty) Sq.ft. more or less and the PROMOTER/DEVELOPER herein has agreed to sell the PURCHASER ALL THAT said Flat No. situated on the ______ Floor, ___________ side of the Ground Plus Three Storied building together with right to park 1 (One) medium sized motor car of the covered Car Parking Space No. on the Ground Floor of the said building as described in the SCHEDULE “B” hereunder written right to use all common rights and common services as described in the SCHEDULE “C” below and undivided proportionate share of land morefully as described in the SCHEDULE “A” and the said flat alongwith the balcony of the building has been built up in accordance with the provisions said sanctioned residential building plan and discuss to acquire and possess the said flat togetherwith one Car Parking Space of West Bengal Housing Industry Regulatory Authority Act Rs. /- (hereinafter referred to Rupees ) only for a total consideration towards the proportionate cost of land and cost of construction of the said flat togetherwith Car Parking Space and the entire cost of the said flat togetherwith Car Parking Space have been taken only by the PROMOTER/DEVELOPER as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement flat and understood the mutual rights and obligations detailed hereinCar Parking Space is of Developer’s Allocation.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the VendorPromoter has completed all the Legal Formalities with respect to the right, Confirming Party title, and Developer have jointly agreed interest in respect of the Project Land on which the said Project is to be constructed. The Promoter herein, alone has sole & exclusive right to sell flats available to the respective purchasers /holders of apartments in the respective buildings said Project to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out Promoter on the ground floor of the said Complex for better enjoyment of facilities, amenities Project Land and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled is fully competent to enter into agreements for sale and transfer Agreement/s with the Allottee/s of the various flats units apartments constructed spaces and car parking spaces Apartments and to receive realize and collect received the amount of consideration and other amounts sale price in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDArespect thereof. AND WHEREAS in pursuance of WHEREAS, as per such plans & specifications sanctioned by the said JDA and in furtherance thereof PMC, Pune, the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (Promoters propose to construct a Housing Complex to be known as “XXXXX XXXXX" hereinafter referred to as “THE SAID BUILDING”, on the HOUSING COMPLEX) said plot of land, comprising of Apartments, shops, clubhouse, garden, & other premises as permissible under Development Control Rules & Regulations for the time being in force. The said land & the said building hereafter where the term permits are together referred to be ultimately held byas “THE SAID PROPERTY”. AND WHEREAS pursuant to an application made in that behalf, the Collector of Pune, vide Order No. PMH/owned by various intending purchasers on ownership basisNA/SR/242/2011 dated 03/11/2011 and additional N. A. Order bearing No. PMH/NA/SR/880/13 dated 07/04/2014 passed under section 44 of the Maharashtra Land Revenue Code, 1966, permitted conversion of the use of the said land from “Agriculture” to “Non-Agriculture” (Residential / Commercial). AND WHEREAS the Developer has caused Promoters have entered into a standard Agreement with the L.E./Architect Mr. Xxxxxx Xxxxxxx, who is registered with the PMC for preparation of drawings & supervision of project work & the Promoters have appointed Structural Engineers for preparation of structural designs & drawings of the building/s proposed to be constructed by the Promoters on the said housing project to be registered in accordance with land & the provisions Promoters accept the professional supervision of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --consulting L.E./Architect & the said Structural Engineer till the completion of the project. AND WHEREAS the Parties Promoters have gone through further obtained all the terms & conditions set out other necessary permissions, approvals and sanctions for the development, inter alia, of the said Land and the Allottee/s has/her/their also taken inspection thereof; AND WHEREAS the Promoters have informed the Allottee/s and the Allottee/s is/are aware that the Promoters will develop the entire project in this Agreement Phased manner as per the sanctioned plans and understood with such modifications thereto as the mutual rights Promoters may from time to time determine and obligations detailed hereinas may be approved by the concerned local authorities and the program of the phased development will also be determined by the Promoters at their sole discretion.
Appears in 1 contract
Samples: Articles of Agreement
AND WHEREAS. the VendorDeveloper of the Project BALAJI HOUSING DEVELOPERS as well as the owners hereinbefore mentioned, Confirming Party for the purpose of execution of the Project in the A Schedule property are eligible to represent themselves to represent before all competent authorities including entering into Agreement for sale with the intending purchaser(s) and Developer have jointly obtain payment accordingly and the parties of the THIRD PART engaged competent surveyor, xxxxxxx and architect and prepared a building plan for the proposed multi storied building and submitted the same before Chandernagore Municipal Corporation duly signed by the owners and after due verification and inspection the said plan was sanctioned by Chandernagore Municipal Corporation being No. B-1/RB/150(A)2014-15 Dated 10.01.2015 , and the said plan was further duly modified/altered by Chandernagore Municipal Corporation vide building Plan being No. B-1/RB/56(A)2017-18 Dated 9.08.2017 thereafter the present developer has made the construction as per the sanctioned building plan and it is expected that within a very short period the finishing work of the building will be completed as per the specification. The A schedule land is earmarked for the purpose of building residential building complex comprising of apartments and the said project shall be known as “ XXXXXXXX ” . The position and location of the A Schedule property is lucrative one at Bibirhat Main Road, Chandernagore, Dist Hooghly and so many persons being satisfied with the location as well as with the proposed construction came forward to purchase the flat and are offering part payment on account of xxxxxxx money. The parties of the First Part i.e. the intending purchasers being satisfied with the construction and its specification offered to purchase the B Schedule flat and the negotiation was held in between the vendor and developer and the purchaser and all the parties agreed to sell flats available abide by the terms and conditions mentioned hereunder. The total price of the B Schedule flat is ascertained to be Rupees ………………………….. AND WHEREAS the promoter i.e. the party of the Third Part is fully competent to enter into this agreement and all the legal formalities with respect to the respective purchasers /holders right , title, interest of the respective buildings promoter regarding the A schedule property on which the project is to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has have been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basiscompleted. AND WHEREAS the Developer Chandernagore Municipal Corporation has caused granted the said housing commencement certificate to develop the project vide approval dated bearing registration No. ………. AND WHEREAS the promoter has obtained the final lay out plan , sanction plan , specifications and approvals for the project and also for the apartment, Plot or building as the case may be from Chandernagore Municipal Corporation. The promoter agrees and undertakes that it shall not make any changes to be this approve plans except in strict compliance with Sec 14 of the Act. and other laws as applicable . AND WHEREAS the promoter has registered in accordance with the project under the provisions of the Act. with the West Bengal Housing Industry Regulatory Authority Act at …………….. on……………. Under Registration No. ………………. AND WHEREAS the allottee i.e. the party of the First part had applied for an apartment / flat in the project vide application No. ………… dated ……….. and he / she / they have been allotted apartment No. ………. Having carpet area of ……… sq. ft. , type, on floor in block No. ……………. Building along with garage / covered parking No. measuring ……………. Sq. f.t in the …………. As permissible under the applicable law and of pro-rata shares in the ‘common areas’ as defined (m) of Sec 2 of the Act. ( hereinafter referred to as the said ACT) under Registration No. HIRA/ --. ‘Apartment’ more particularly described in Schedule B and the floor plan of the apartment as annexed hereto and marked as Schedule C. AND WHEREAS all the Parties parties have gone through all the terms & and conditions set out in this Agreement agreement and understood the mutual rights and obligations detailed hereinherein …….. (any specific terms and conditions as per our need can be inserted here)………… ………………… ………………. AND WHEREAS the parties hereby confirmed that they are signing this agreement with full knowledge, laws, rules, regulations, notifications etc. applicable to the project. AND WEHREAS the parties relying on the confirmation, representation and assurance of each other to faithfully abide by all the terms and conditions and stipulation contend in this agreement and all applicable laws , now are willing to entered into this agreement on terms and conditions appearing hereinafter . In accordance with the terms and conditions set out in this agreement and as mutually agreed upon by and between , the promoter hereby agrees to sale and the allottee hereby agrees to purchase the apartment / flat as specified herein above .
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the VendorLand meant for the purpose of developing a Residential Real Estate Building comprising of 1 (One) number of Tower having Five Nos. Residential Flats ("Building") and the said building shall be shall be known as "XXXXXXX" ("Project") with the intention of sharing common boundary wall, Confirming Party sharing of common facilities & amenities, ingress and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed egress, Car Parking Space, etc. by the said Developer. The rights of access to and from all the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided flat owners in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complexcommon. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements Allottee had applied for sale and transfer allotment of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer Flat/ Apartment Unit in the manner as provided for in the said JDA. AND WHEREAS in pursuance Project out of the said JDA Developer’s Allocation and in furtherance thereof the Developer has commenced agreed to allot to the work Allottee ALL THAT the Residential Flat/Unit in or portion of construction the New building being UNIT/ FLAT NO. containing by admeasurements a Carpet Area (Excluding Balcony) Sq. Mtr., Built-up Area Sq. Mtr. equivalent to Sq.ft., saleable area of new Sq. Ft. (Super Built up) be little more or less on a portion on the FLOOR at the New building and/or buildings now known as “XXXXXXX” at the said PremisesBuilding Complex more or less, comprise (hereunder referred to as the said UNIT situation whereof is shown and delineate in the map or plan annexed hereto and bordered in RED thereon) TOGETHER WITH ONE COVERED PARKING SPACE being No. at the Ground Floor of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces the Building (hereinafter referred to as the HOUSING COMPLEXPARKING SPACES ) to be ultimately held by/owned specifically allotted and demarcated by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused at the time of possession TOGETHER WITH the undivided proportionate share in all common parts portions areas facilities and amenities in the said housing project to be registered Entire Building Complex AND TOGETHER WITH the undivided proportionate share in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as land underneath the said ACTBuilding appurtenant and/or allocable thereto, more fully and particularly mentioned and described in the SCHEDULE - 'B' hereunder written, for the consideration and subject to the terms and conditions hereinafter appearing: Area of the Flat Square Metre Square Feet Carpet Area of the Unit (Excluding Balcony Area) under Registration No. HIRA/ --. Covered Area Share of Common Area Cup Board Area Built up Area Super Built up Area (30% over Built up Area) AND WHEREAS the Parties have gone through all the terms & and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. On demand from the Allottee, the Developer has given inspection to the Allottee of all the documents of title relating to the Land and the plans, designs and specifications prepared by the Developer's Architects and of such other documents as are specified under the Act.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed herein with a view to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by develop the said Developer. The rights land by way of access to construction consists of numbers of flat, in the Multistoried building, formulated scheme and from necessary plans and specification for the respective flats purpose of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor construction of the said Complex for better enjoyment of facilities, amenities apartment building which has been sanctioned and use approved by the competent authority. AND WHEREAS under the aforesaid Development Agreement the MEGENTA DISTRIBUTORS PVT. LTD and convenience of ingress and egress from the main public Municipal Road up XXXXXX MANAGEMENT PVT LTD specifically granted right to the places Developer to enter into Agreement for sale of Flat or portion of the respective buildings in building and further more by a separate Power of Attorney executed immediately after the execution of the said complexDevelopment Agreement, the MEGENTA DISTRIBUTORS PVT. LTD and XXXXXX MANAGEMENT PVT LTD authorize the Developer to sell and transfer all the flats and portion of the building and enter into all contracts and agreement in connection thereof to any intending Purchaser or Purchasers save and except the allocated portion of the MEGENTA DISTRIBUTORS PVT. LTD and XXXXXX MANAGEMENT PVT LTD in terms of the Development Agreement both dated 18.06.2014 and 20.02.2015. AND WHEREAS by the Development Agreement both dated 18.06.2014 and under 20.02.2015 the Developer have been empowered to build the proposed building upon the said JDA it has been agreed between land in accordance with the Vendor that the Developer shall be entitled to sanctioned plan or enter into agreements for sale any contract or agreement with the intending Purchaser/s or take advance from the said intending Purchaser/s against the respective unit and transfer of the various flats units apartments constructed spaces and car parking spaces and also Developer have been empowered to receive realize and collect the amount consideration money from the sale of consideration Developer’s allocation from the intending Purchaser/s and other amounts issue money receipt in its own name and that moreover take advance of consideration money from the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided intending Purchaser/s for in the said JDADeveloper’s allocation. AND WHEREAS in pursuance by virtue of the said JDA Development Agreement and in furtherance thereof vested power the Developer has commenced taken delivery of peaceful and khas possession of the work of construction of new building and/or buildings at land as specifically mentioned in the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisSchedule ‘A’ hereunder written. AND WHEREAS on being empowered and authorized by the Directors of the MEGENTA DISTRIBUTORS PVT. LTD and XXXXXX MANAGEMENT PVT LTD, the Developer has caused started construction of the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as proposed building upon the said ACT) under Registration Noland as per Plan sanctioned and approved by the Zila Parishad, 24 Parganas (N). HIRA/ --. AND WHEREAS District Engineer on 26.04.2018 and sanctioned by the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.Pradhan, Falti Beliaghata Gram Panchyat on 21.05.2018..
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. With the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to intent of undertaking the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor development of the said Complex Premises the Owner and the Developer had entered into a Development Agreement dated 24th January 2018 which has been registered at the office of the A.D.S.R, Sealdah in Book No. I Volume No. 1606- 2018 Pages 9058 to 9097 Being No. 160600262 for better enjoyment the year 2018 whereby the Owner granted the exclusive right of facilities, amenities development in respect of the said Premises unto and use in favour of the Developer herein for the consideration and convenience of ingress and egress from the main public Municipal Road up subject to the places of the respective buildings terms and conditions contained and recorded in the said complexAgreement (hereinafter referred to as the DEVELOPMENT AGREEMENT). AND WHEREAS by and under In pursuance of the said JDA it has been agreed between the Vendor that Development Agreement the Developer caused a map or plan to be sanctioned by Kolkata Municipal Corporation being Building Permit No. 20190030020 dated -23 May 2019 (hereinafter referred to as the PLAN) (the expression plan shall be mean and include all modifications and/or alterations made thereto from time to time) whereby the Developer in the name of the Owner became entitled to enter into agreements for sale construct erect and transfer complete a new building at the said Premises G+IV storied building (hereinafter referred to as the NEW BUILDING) AND WHEREAS The Developer thereafter caused itself to be registered in accordance with the provisions of the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act 1993 (hereinafter referred to as the PROMOTERS ACT) in accordance with the provisions of Section 3 Sub Section (7) of the Promoters Act. AND WHEREAS In pursuance of the said Plan the Developer became entitled to construct erect and complete a new building at the said Premises G+IV storied building comprising of various flats units apartments constructed spaces and car parking spaces capable of being held and/or enjoyed independently of each other AND WHEREAS By an Agreement dated ----------------------------- entered into between the parties hereto the Owner and the Developer agreed to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale sell and transfer and the Purchaser has agreed to purchase and acquire ALL THAT the Flat No. on the floor of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etcnew building then in course of construction of the said Premises containing by estimation an area of sq.ft. shall (Carpet area) (be apportioned amongst the Vendor same a little more or less) TOGETHER WITH _ open/covered car parking space on the ground floor of the said building TOGETHER WITH the proportionate share in all common parts portions areas and Developer in the manner as provided for facilities to comprise in the said JDA. New Building and/or Housing Complex (more fully and particularly mentioned and described in the THIRD SCHEDULE hereunder written) AND WHEREAS TOGETHER WITH the undivided proportionate share or interest in pursuance the land forming part of the said JDA premises appurtenant thereto (more fully and particularly mentioned and described in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces SECOND SCHEDULE hereunder written and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEXsaid UNIT AND THE PROPERTIES APPURTENANT THERETO) for the consideration and subject to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused terms and conditions contained and recorded in the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act Agreement (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinSALE AGREEMENT).
Appears in 1 contract
Samples: 202.61.117.163
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to owners appointed their architect and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor prepared layout of the said Complex property and divided the said property into several plots providing for better enjoyment common internal roads, areas of facilitiescommon use, amenities amenity space and use and convenience of ingress and egress from the main public Municipal Road up to the places open space. The said layout of the respective buildings in said property has been approved by the Town Planning authority for the locality and the Town Planning Authority, Satara, as per the Order passed by the Sub-Divisional Officer, Wai, bearing No. Binsheti/SR/171/2014 Wai dtd. 03/03/2015. The effect of the said complexNA order has been taken in other rights column vide Mutation Entry No. after certification of the said mutation entry by the Circle Officer of Khandala, Xxx-Xxxxxxxx, Dist. Satara. A copy of the said Order & Layout are annexed hereto. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer virtue of the various flats units apartments constructed spaces registered sale deed, NA order and car parking spaces and sanctioned Layout Plan the owner has got all rights to receive realize and collect sell the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance plots out of the said JDA and in furtherance thereof Lay out to the Developer prospective purchasers. The owner has commenced every right to sellout the work of construction of new building and/or buildings at plots to the proposed purchasers by developing the said PremisesProperty and by providing certain amenities and facilities, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basiswhich are more particularly mentioned herein below. AND WHEREAS the Developer basic purpose of the entire project is to provide legal, clear titled and without encumbrance property to the genuine buyer so as to facilitate him to construct residential bungalows / row houses at his own cost. AND WHEREAS the Owner/s has caused named the entire housing project as “FORTUNE PARRK” for its locality and identification. (Hereinafter referred to as “The Said Project”). AND WHEREAS the purchasers herein came to know about the scheme and enquired about price of the plot out of the said housing project to be registered Lay out, which is reasonable & best in accordance the market and therefore having being satisfied with the provisions of West Bengal Housing Industry Regulatory Authority Act (price, agreed & offered to purchase one Plot No. adm. Sq mtrs. i.e. sq. fts. and which is more particularly described in the Schedule-II hereunder written & hereinafter referred to as the said ACT) under Registration No. HIRA/ --Plot. AND WHEREAS the Parties Purchasers requested to the owner/s and the owner/s have gone through furnished all title documents for the inspection to the Purchasers in respect of the said Project. The Owner/s further requested the Purchaser to carry out his independent search by appointing his/ her/their own Advocate, which the purchaser has done and the Purchasers having being satisfied themselves about the marketable title of the Project and buildability of the bungalow / row houses and / or any kind of house, the Purchaser agreed to purchase the said Plot for the price of Rs. /- (Rupees Only). inclusive of Infrastructural Cost. AND WHEREAS in pursuant with the above said agreed consideration by the Purchasers, it has been agreed that, the Owner/s shall sell, transfer, convey, assign, the said Plot to the Purchaser and the Purchasers herein shall purchase, acquire from the Owner/s, the said Plot No. admeasuring Sq. Mtrs. i.e. Sq. fts., in the project known as “FORTUNE PARK” out of the Lay out No of Gat No. 402, situated at Village- Aswali, Tal– Khandala, Dist– Satara, at and for the total agreed consideration of Rs. /- (Rupees Only). on the terms & and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.mentioned herein below. NOW THIS AGREEMENT FOR SALE WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS………
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers purchasers/ allottee including the above named purchaser Allottee from through and along the pathways and passages provided in lay out layout on the ground floor of the said Larger Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements Agreements for sale Sale and transfer of the various flats units apartments flats, units, apartments, constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net gross sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has The Promoter caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority ‘Real Estate (Regulation and Development) Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ WBRERA/NPR/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.
Appears in 1 contract
Samples: 202.61.117.163
AND WHEREAS. the VendorAssignor/s herein in terms of the aforesaid notification applied before the concerned authority of the Urban Development Department, Confirming Party Government of West Bengal for assigning his/her/their undivided share of plot no. in Block in Sector l/ll/lll in Northern Salt Lake City Extension Area in the District of 24-Parganas (North), Police Station Bidhannagar (North/ East/South) registration office ADSR. Bidhannagar along with the undivided share of the construction thereon (for the sake of brevity hereinafter referred to and Developer have jointly agreed called as the said lease hold property ), which is morefully and particularly described in the Schedule B' made hereunder written. AND WHEREAS after careful consideration, the Superior Landlord namely the Urban Development Department, Government of West Bengal by its Letter/Memo No dated was pleased to sell flats available allow the Assignor/s herein to assign his/her/their leasehold right, title and interest of the said lease hold property for the unexpired period of 999 years without prejudice to their (the Urban Development Department. Government of West Bengal) any right and interest over said premises in any manner whatsoever and subject to strict compliance of all and every terms and conditions, covenants, stipulations and restrictions made in the Original Lease dated by the Assignee/s herein NOW THIS DEED OF ASSIGNMENT OF LEASE WITNESSETH AND IT IS HEREBY DECLARED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS In consideration of a sum of Rs (Rupees Lac only) paid by/on behalf of the Assignee/s to/cn behalf of the Assignor/s, the receipt whereof the Assignor/s doth hereby admits and acknowledges in every manner whatsoever, the Transferor/Assignor doth hereby grant, transfer, convey, assign and assure unto the Assignees ALL THAT leasehold right, title and interest of undivided share of plot no in Block in Sector l/ll/lll in Northern Salt Lake City Extension Area in the District of 24-Parganas (North). Police Station Bidhannagar (North/ East/South) registration office ADSR. Bidhannagar along with the undivided share of the construction thereon for the unexpired/balance residue period to the respective purchasers /holders term mentioned hereinbefore and recited in the Deed of Assignment of Lease dated being the said lease hold property. TOGETHER WITH all areas, gardens, trees, fences, ditches, xxxxxx, common roads, waters, water-courses, rights, lights, liberties, privileges 4 easements and appurtenances whatsoever belonging or held or occupied therewith and TO HAVE AND TO HOLD the same unto the Assignee/s for the residue/unexpired period of the respective buildings said term of 999 years subject to be constructed payment of the rent reserved thereby and observance of all covenants by the Assignee/s of the conditions contained in the Lease dated PROVIDED FURTHER that the Assignor/s hereby covenants with the Assignee/s THAT NOTWITHSTANDING any act. deed or thing by the Assignor/s at any time done or executed or knowingly suffered to the contrary the said lease is subsisting good and effectual lease or the demised premises AND THAT the same has not been forfeited or surrendered or become void of voidable AND THAT the Assignor/s had got rightful power and absolute authority to transfer, assign, assure and convey the said lease hold property for the unexpired/balance period of 999 years in the manner aforesaid AND THAT the Assignee/s shall and will and may at all times hereafter during all the residue/unexpired period of the said term of 999 years by the said Developer. The rights of access to Lease dated peacefully and quietly possess and enjoy the said lease hold property and receive the rents and issues and profits thereof without any lawful eviction, interruption, claim or demand from or by the respective flats Assignor/s or any person or persons claiming through under or in trust for the Assignor/s AND THAT the said lease hold property is free from all encumbrances made occasioned or suffered by the Assignee/s or any person or persons claiming as aforesaid AND FURTHER THAT the Assignee/s and all persons claiming any estate for her shall and will during the residue now un-expired period of the respective buildings term granted by the said Lease dated , at the request and cost of the Assignee/s execute or cause to be purchased by done and executed all such acts, deeds and things for further and more perfectly assuring the respective purchasers including said lease hold property and every part thereof unto the above named purchaser from through Assignee/s in the manner aforesaid as shall be or may be reasonably required PROVIDED HOWEVER the Assignee/s shall and along will at all times hereafter during the pathways and passages provided in lay out on the ground floor residue now un-expired period of the said Complex for better enjoyment term of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up 999 years as granted to the places Assignee/s by the said Lease dated observe and perform the Assignee/s covenants and conditions, restrictions therein and shall save harmless and keep indemnified the original Lessor and its estate and effects from and against all actions proceedings claims or demands on account or in respect thereof AND it is hereby further agreed and declared that neither the transfer and assignment as aforesaid nor anything herein contained shall prejudice or effect the original reservation of rent of the respective buildings further stipulations covenants and conditions contained in the said complex. AND WHEREAS by and under Deed of Assignment of Lease in respect of the said JDA it has been agreed between lease hold property and the Vendor person or persons from time to time entitled thereto AND the Assignor/s declare/s that the Developer Assignee/s shall be entitled to enter into agreements for sale and transfer mutate their names in the records of all the competent statutory authorities including in the records of the various flats units apartments constructed spaces and car parking spaces and Urban Development Department. Government of West Bengal AND THAT the Assignor/s ceases to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer have any interest in the manner as provided for in the said JDA. above mentioning property from this day AND WHEREAS in pursuance THAT Assignor/s Deliver/s Possession of the said JDA lease hold property unto and in furtherance thereof favour of the Developer has commenced Assignee/s TO HAVE AND TO HOLD the work of construction of new building and/or buildings at same for his use and benefit without any interruption, claim and 5 demand whatsoever by the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred Assignor or any person claiming through her subject to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & and conditions set out in this Agreement of the original Deed of Assignment of Lease for the unexpired period of the original lease. The Assignor/s herein has represented, assured and understood undertaken to the mutual rights and obligations detailed herein.Assignee the given warrantees as follows. –
Appears in 1 contract
Samples: Assignment of Lease
AND WHEREAS. the VendorPromoters have further intended to get the said plans and specification revised, Confirming Party renewed and Developer altered for consumption of remaining floor space index, transfer of development rights, staircase floor space index and all other permissible floor space index to be used and utilized on the said land as may be granted by the Collector of Thane and/ or Assistant Director Town Planning Thane and/ or any appropriate authority from time to time for construction of buildings on the said land and further the Promoters have jointly agreed to sell flats available given the clearinspection of the plans and specifications to the respective purchasers /holders of Purchaser/ s herein as regards the respective sanctioned buildings to be constructed by on the said Developer. The rights of access land as per the sanctions and approvals to and be obtained from the respective flats Collector of Thane and/ or Assistant Director Town Planning Thane and/ or any appropriate authority by using and utilizing the maximum potentiality of floor space index, transferable development rights, incentives and increases in floor space index, staircase floorspace index and otherincentives to be obtained by paying premium thereto from time to time. certain buildings are AND WHEREAS the Promoters have disclosed and brought to the clear notice and knowledge of the respective Purchaser/ s herein that the entire scheme of construction consists of several buildings and have also shown the lay- out, scheme of construction, the existing and proposed infrastructural facilities and have also made aware that completed in all respect, certain buildings are under construction and in progress and that in all events, the Promoters will as per the prevailing laws, rules, enactments and statutes shall follow the due process of law and obtain the revised sanctions, alterations and modifications and shall proceed with the construction work from time to time and shall exploit the maximum potentiality of floor space index and during the course of construction and completion of the entire scheme of construction will form a policy for the formation of the ad- hoc committee of the Promoters, co- operative housing society as well as the conveyance of the land and buildings to be purchased by transfer ed to the respective purchasers including co- operative housing society and shall also make the above named purchaser from through ar angement and along the pathways and passages provided in lay out on the ground floor provision of the said Complex for better enjoyment of facilities, common infrastructural amenities and use facilities to be used, utilized and convenience of ingress and egress from enjoyed by all the main public Municipal Road up to the places of the respective buildings flat purchasers in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work scheme of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisin common. AND WHEREAS the Developer has caused Promoters are entitled and enjoined upon to construct buildings on the said housing project to be registered land in accordance with the provisions recitals, disclosures, further expansions and future development as mentioned hereinabove which is clearly and elaborately brought to the notice and knowledge of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS Purchaser/ s herein for which the Parties Purchaser/ s has/ have/ have gone through all the terms & conditions set out in this Agreement granted his/ her/ their express and understood the mutual rights ir evocable consent and obligations detailed hereinconfirmation forthe same.
Appears in 1 contract
Samples: Shree
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders authenticated copies of the respective buildings to be constructed by the said Developer. The rights of access to plans and from the respective flats specifications of the respective buildings Apartment agreed to be purchased by the respective purchasers including Allottee, as sanctioned and approved by the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has competent authority wherever applicable have been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisannexed hereto. AND WHEREAS the Developer promoter has caused got some of the approvals from the concerned competent authority(s) to the plans, the specifications, elevations, sections and of the said housing project building/s wherever applicable and shall obtain the balance approvals, if any from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be registered observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --proposed plans. AND WHEREAS the Parties have gone through Purchaser approached Promoter to purchase a residential flat and has inspected all the relevant title documents, approved plans and has agreed to purchase one residential Flat bearing No. ……………, situated on the Floor admeasuring an area of …….. sq. mtrs., of the Block ‘………..’, in the complex named “- -------------------” on ownership basis, hereinafter the flat is referred to as “THE SAID FLAT” described in the Schedule-II hereunder written and shown in the plan annexed and the Promoter has agreed to construct the same for the Purchaser and the parties have accordingly agreed on the following terms & conditions set out in this Agreement and understood conditions. AND WHEREAS the mutual rights carpet area of the said Apartment is square meters and obligations detailed herein"carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party OWNER and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor DEVELOPER together entered into an Agreement for Development of the said Complex for better enjoyment of facilities, amenities proposed land and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA Agreement which was registered at the Office of the A.R.A. - III, and became Deed No. I-1232 for the year 2018 duly registered at Book No. I, Volume No 1903- 2018, (Page No. 52321 to 52395) registered before the office of the ARA-III, Kolkata and in furtherance thereof pursuance of the said Agreement the Developer has commenced started to raise and construct multistoried building comprised of Residential flats / unit / parking space on the work basis of sanctioned building plan and by its own power would carry out the process of transfer to intending purchasers of flat/unit/car parking space comprising in the proposed building and would also realize the cost of construction of new building and/or buildings at the flat / unit / car parking space and common parts from the intending purchaser directly for self and the cost of the proportionate share of interest in the land described in the “FIRST SCHEDULE” mentioned hereunder and as would be proportionate to each such flat / unit / car parking space and common parts through its Partner as well as the Power of Attorney Holder for and on behalf of the OWNERS and upon receipt of such payment from the intending purchasers the DEVELOPER through its partner, shall select or/and elect the intending purchasers for purchase of the undivided, proportionate, impartible and indivisible share or interest in the said Premisesland as would be proportionate to each such flat / unit / car parking space agreed to be acquired by the intending purchasers to the DEVELOPER through its partner who would execute proper sale deed / conveyance deed in respect of the said undivided, comprise impartible and indivisible interest in the land and it was resolved through the aforesaid meeting that all the aforesaid activity including the execution of various selfdocuments and agreements or application loan from any bank or financial institution or in any Govt. Office or/and discharge of all duties regarding signing in the Deeds on behalf of the Firm etc. to done and to be executed by its Representative cum Managing Partner. AND WHEREAS the aforesaid DEVELOPER through its partner started the process of making the construction of the proposed multi-contained flats units, apartments, constructed spaces storeyed building comprising several Residential Flats/Units and Car Parking Spaces (hereinafter referred whom the DEVELOPER through its partner would procure on its own and such Intending purchaser shall pay consideration money to the DEVELOPER through Its partner for the Residential Flats/Units and Car Parking Spaces, as well as an undivided proportionate and impartible share of the land out of the land described in the schedule hereunder written save and except the land which will be allotted in favour of the OWNER after constructing the said multi-storeyed Residential cum Commercial Building as per the sanctioned plan from Burdwan Municipality and whereas the Super Built Up Area of every Flat means super built-up area is the built-up area plus proportionate area of common areas such as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basislobby, stairs, etc. AND WHEREAS The plinth area along with a share of all common areas proportionately divided amongst all unit owners makes up the Developer has caused Super built-up area of the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinFlat.
Appears in 1 contract
Samples: 202.61.117.163
AND WHEREAS. The Allottee/s herein has demanded from the Vendor, Confirming Party Promoter and Developer have jointly agreed to sell flats available the Promoter has given inspection to the respective purchasers /holders Allottee/s, of all the respective buildings documents of title relating to be constructed by the said Developer. The rights of access to project described in the Schedule-II hereunder written and from also the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through plans, designs and along the pathways and passages provided in lay out on the ground floor specification of the said Complex for better enjoyment building prepared by the Architect and of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and such other documents as are specified under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale Real Estate( Regulation and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store RoomsDevelopment) Act, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces 2016 (hereinafter referred to as " The said Act") and rules and regulations made hereunder. After the HOUSING COMPLEX) Allottee/s enquiry, the Promoter herein has requested to the Allottee/s to carry out independent search by appointing his/her/their own attorney/ advocate and to ask any queries, he/she/they have regarding the marketable title and rights and authorities of the Promoter. The Allottee/s has / have satisfied himself/herself/themselves in respect of marketable title and rights and authorities of the Promoter herein. That the allottee has given his specific confirmation herein that the responsibility of title of the said land be ultimately held by/owned by various intending purchasers on ownership basisthe Developer up and until the conveyance of the said building/ phase/ wing and the said land hereunder. AND WHEREAS the Developer has caused authenticated copies of Certificate of Title issued by the said housing attorney at law or advocate Xx. Xxxxxxxxx X. Salokhe of the Promoter, authenticated copies of extract of Village Forms VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to constructed have been annexed hereto and marked as the said ACT) Annexure 'D', respectively as under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set aunthicated copies of Lay out in this Agreement and understood the mutual rights and obligations detailed hereinPlan, N.A. Order, Copy of Index II of Development Agreement, Current Sanction Plan, Floor plan etc. is attached herewith as Annxed as under ANNEXURES Xx.Xx. Particulars Annexure Number 1. 7/12 Extract of Projected Land Annexure – A 2. N.A. Order Annexure – B
Appears in 1 contract
Samples: www.niwara.co.in
AND WHEREAS. the Vendor, Vendor and Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developerthem. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities facilities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the The Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. The Allottee had applied for allotment of apartment in the Project and the Vendor has agreed to allot to the Allottee ALL THAT the UNIT/APARTMENT NO. ------ on the ------- (----------------) FLOOR of the building being BLOCK NO. ‘2 (TWO)’ containing by estimation a CARPET AREA OF SFT; more or less, (hereunder referred to as the said UNIT situation whereof is shown and delineate in the map or plan annexed hereto and bordered in RED thereon) Together with right to park small/ medium sized motor car on the ONE OPEN/COVERED CAR PARKING SPACE on the ground floor of the Building Complex (hereinafter referred to as the CAR PARK) to be specifically allotted and demarcated by the Vendor at the time of possession TOGETHER WITH the undivided proportionate share in all common parts portions areas facilities and amenities AND WHEREAS TOGETHER WITH the undivided proportionate share in the land underneath the said Block/Building appurtenant and/or allocable thereto , more fully and particularly mentioned and described in the SECOND SCHEDULE hereunder written, for the consideration and subject to the terms and conditions hereinafter appearing. The Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. The Parties, 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; In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Vendor has agreed to sell and transfer and the Allottee agrees to purchase and acquired the said Unit/Apartment and the covered parking space for the consideration and subject to the terms and conditions hereinafter appearing. The Land is earmarked for the purpose of developing a Residential Real Estate Building comprising of 1 (One) number of Tower having 08 Nos. Residential Flats (“Building”) and the said building shall be shall be known as “EDEN PETALS – BLOCK – ‘1 (ONE)’ ” ("Project"); The Allottee had applied for a Unit in the Project and has been allotted the FLAT/ UNITNO. on the -------- (--------) FLOOR having CARPET AREA of SQ. FT. and Exclusive Balcony/Verandah/Open Terrace Area Or “EBVT Area”, having AREA of --------- SQUARE FEET aggregating to a Net Area of ----- ---- SQ. FT. in the Building (“Unit”) together with right to park ONE small/ medium sized motor car on the OPEN/COVERED CAR PARKING SPACE on the ground floor of the Building Complex, (“Garage”) as permissible under the applicable law and of pro rata share in the Common Areas (defined hereinafter) (the Unit and Car parking Space, if allotted, hereinafter collectively referred to as the "Apartment”, more particularly described in SECOND SCHEDULE hereunder : AREA OF THE FLAT SFT. Carpet Area of Unit ------ EBVT Area ------ Net Area = (Carpet Area of Unit + EBVT Area) ----- The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. On demand from the Allottee, the Vendor has given inspection to the Allottee of all the documents of title relating to the Land and the plans, designs and specifications prepared by the Vendor’s Architects and of such other documents as are specified under the Act.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to Vendor has registered the respective purchasers /holders Project under the provisions of the respective buildings Real Estate (Regulation &Development) Act, 2016 and hereinafter referred to as THE SAID ACT and rules framed there under with the Real Estate Regulatory Authority under no.- , on . AND WHEREAS the Vendor has accordingly commenced construction of the residential Flats in accordance with the said proposed plans. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Vendor while developing the said property and the said complex and upon due observance and performance of which only the completion or occupancy certificate in respect of the said Flats shall be granted by the concerned local authority. AND WHEREAS the Vendor has opened the plans for sale on ownership basis, the residential premises in the proposed complex named as “ ROCK VALLEY STUDIOS” to be constructed by in the said Developerproperty. The rights of access AND WHEREAS the Purchaser approached Vendor/ Developers to and from the respective flats purchase one of the respective buildings residential Flat and has inspected all the relevant title documents, approved plans and has agreed to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out purchase such Flat being No.-----------------, situated on the ground floor admeasuring a an area of ------- sq. mtrs., (Super Built Up) in the complex named “------------------” on ownership basis, hereinafter the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter Flat is referred to as “THE PREMISES” described in the HOUSING COMPLEX) Schedule-II hereunder written and shown in the plan annexed and the Vendor has agreed to be ultimately held by/owned by various intending purchasers construct the same for the Purchaser and the parties have accordingly agreed on ownership basisthe following terms and conditions. AND WHEREAS the Developer has caused carpet area of the said housing project premises is square meters and "carpet area" means the net usable floor area of an premises, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS Premises for exclusive use of the Parties have gone through all Purchaser or verandah area appurtenant to the terms & conditions set out in this Agreement and understood said Premises for exclusive use of the mutual rights and obligations detailed hereinPurchaser, but includes the area covered by the internal partition walls of the premises.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available in pursuant to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to development work and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor construction of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA proposed housing complex it has been agreed between by the Vendor VENDORS/LANDOWNERS & the PROMOTER/DEVELOPER herein that the Developer shall said Housing Complex will be entitled to enter into agreements for sale and transfer known as “XXXXXXX EXOTICAA” thereon consisting of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount Block – A, Block – B, Block – C, Block – D & Block – E each having (G + IV) storied ownership building containing of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Roomsseveral Flats, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered and/or other constructed areas is in progress in accordance with the provisions said Development Agreements and Building Plan Vide No. 149 dated 2016 - 2017 sanctioned from the North Dum Dum Municipality. •The said land in Schedule A has been earmarked for the purpose of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as building several multi-storied buildings consisting of several self contained residential Flat/Apartment/Car Parking Space/Units etc. and the said ACT) Housing Project shall always be named and styled as “XXXXXXX EXOTICAA”. •On demand from the Allottee/Purchaser, the PROMOTER/DEVELOPER has given inspection to the Allottee/Purchaser of all the documents of title relating to the land and the Plans, Designs and Specifications prepared by the PROMOTER/DEVELOPER’s Architects i.e. and to such other documents as are specified under Registration Nothe Applicable Laws. HIRA/ --A copy of the report on the title in respect of the land has been provided to the Allottee/Purchaser on prior to this date of this presents and the receipt of which the Allottee/Purchaser hereby acknowledges. AND WHEREAS the •The Parties have gone through all the terms & and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. •It is hereby agreed that the Application Form shall be deemed to be a part of this Agreement. •The Allottee/Purchaser has/have been made aware and has/have unconditionally agreed that the occupants of apartments in the said Housing Project shall also have complete and unhindered access to all Common Areas and Installations of the Housing Project which are meant or allowed by the PROMOTER/DEVELOPER for use and enjoyment by such other third parties. •It has been agreed by the parties that the Association of all the Allottee/Purchaser of all the blocks in the said Housing Project as and when the said Housing Project is completed in its entirety shall own in common all Housing Project Common Installations together with all easements, rights and appurtenances belonging thereto.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of the above deeds of conveyance executed the Builder/Developer have jointly agreed has sole and exclusive right to sell flats available to the respective purchasers /holders of Apartments in the respective buildings said building/s to be constructed by the said Developer. The rights of access Builder/Developer on the project land and to and from enter into Agreement/s with the respective flats allottee(s)/s of the respective buildings Apartments to receive the sale consideration in respect thereof. AND WHEREAS the Builder/Vendor has opened the plans for sale on ownership basis, the residential apartments in the proposed complex named as “CIVILCO ARCADE” to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings constructed in the said complexproperty. AND WHEREAS on demand from the allottee, the Builder/Developer has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Smt. Xxxxx Xxxx and of such other documents as are specified under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale Real Estate (Regulation and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces Development) Xxx 0000 (hereinafter referred to as "the HOUSING COMPLEXsaid Act") to be ultimately held by/owned by various intending purchasers on ownership basisand the Rules and Regulations made thereunder; and the allotee has acknowledged the receipt of the same. AND WHEREAS the Developer has caused authenticated copies of Certificate of Title issued by Adv. Vivek V.S. Mauzekar, S-14, Kurtarkar Commercial Arcade, Behind Canara Bank, Ponda-Goa, dated 23/01/2017, showing the said housing nature of the title of the promoter to the project land on which the Apartments are constructed or are to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --constructed have been annexed hereto. AND WHEREAS the Parties authenticated copies of the plans of the Layout as approved by the concerned Competent Authority have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinbeen annexed.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the VendorDeveloper of the Project BALAJI HOUSING DEVELOPERS as well as the owners hereinbefore mentioned, Confirming Party for the purpose of execution of the Project in the A Schedule property are eligible to represent themselves to represent before all competent authorities including entering into Agreement for sale with the intending purchaser(s) and Developer have jointly obtain payment accordingly and the parties of the THIRD PART engaged competent surveyor, planner and architect and prepared a building plan for the proposed multi storied building and submitted the same before Chandernagore Municipal Corporation duly signed by the owners and after due verification and inspection the said plan was sanctioned by Chandernagore Municipal Corporation being No. B-1/RB/150(A)2014-15 Dated 10.01.2015 , and the said plan was further duly modified/altered by Chandernagore Municipal Corporation vide building Plan being No. B-1/RB/56(A)2017-18 Dated 9.08.2017 thereafter the present developer has made the construction as per the sanctioned building plan and it is expected that within a very short period the finishing work of the building will be completed as per the specification. The A schedule land is earmarked for the purpose of building residential building complex comprising of apartments and the said project shall be known as “ XXXXXXXX ” . The position and location of the A Schedule property is lucrative one at Bibirhat Main Road, Chandernagore, Dist Hooghly and so many persons being satisfied with the location as well as with the proposed construction came forward to purchase the flat and are offering part payment on account of xxxxxxx money. The parties of the First Part i.e. the intending purchasers being satisfied with the construction and its specification offered to purchase the B Schedule flat and the negotiation was held in between the vendor and developer and the purchaser and all the parties agreed to sell flats available abide by the terms and conditions mentioned hereunder. The total price of the B Schedule flat is ascertained to be Rupees ………………………….. AND WHEREAS the promoter i.e. the party of the Third Part is fully competent to enter into this agreement and all the legal formalities with respect to the respective purchasers /holders right , title, interest of the respective buildings promoter regarding the A schedule property on which the project is to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has have been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basiscompleted. AND WHEREAS the Developer Chandernagore Municipal Corporation has caused granted the said housing commencement certificate to develop the project vide approval dated ……. bearing registration No. ………. AND WHEREAS the promoter has obtained the final lay out plan , sanction plan , specifications and approvals for the project and also for the apartment, Plot or building as the case may be from Chandernagore Municipal Corporation. The promoter agrees and undertakes that it shall not make any changes to be this approve plans except in strict compliance with Sec 14 of the Act. and other laws as applicable . AND WHEREAS the promoter has registered in accordance with the project under the provisions of the Act. with the West Bengal Housing Industry Regulatory Authority Act at …………….. on……………. Under Registration No. ………………. AND WHEREAS the allottee i.e. the party of the First part had applied for an apartment / flat in the project vide application No. ………… dated ……….. and he / she / they have been allotted apartment No. ………. Having carpet area of ……… sq. ft. , type, on floor in block No. ……………. Building along with garage / covered parking No. measuring ……………. Sq. f.t in the …………. As permissible under the applicable law and of pro-rata shares in the ‘common areas’ as defined (m) of Sec 2 of the Act. ( hereinafter referred to as the said ACT) under Registration No. HIRA/ --. ‘Apartment’ more particularly described in Schedule B and the floor plan of the apartment as annexed hereto and marked as Schedule C. AND WHEREAS all the Parties parties have gone through all the terms & and conditions set out in this Agreement agreement and understood the mutual rights and obligations detailed hereinherein …….. ……(any specific terms and conditions as per our need can be inserted here)………… ………………… ………………. AND WHEREAS the parties hereby confirmed that they are signing this agreement with full knowledge, laws, rules, regulations, notifications etc. applicable to the project. AND WEHREAS the parties relying on the confirmation, representation and assurance of each other to faithfully abide by all the terms and conditions and stipulation contend in this agreement and all applicable laws , now are willing to entered into this agreement on terms and conditions appearing hereinafter . In accordance with the terms and conditions set out in this agreement and as mutually agreed upon by and between , the promoter hereby agrees to sale and the allottee hereby agrees to purchase the apartment / flat as specified herein above .
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Promoter has registered the Project under Section 5 of the Real Estate (Regulation and Development) Act, 2016 (RERA) with the Real Estate Regulatory Authority at Ahmedabad, under Registration No._ dated . Authenticated Copy Is Attached in Annexure ‘B’. (Hereinafter referred to as "The Said Act"). AND WHEREAS the Promoter is entitled and enjoined upon to construct building on the project land; AND WHEREAS the Vendor/Original Owner/Promoter i.e. AUM SHREYA REALTY LLP is in possession of the project land. AND WHEREAS the Allottee is offered a Flat No. , Confirming Party on the Floor Wing , in a scheme of “THE BELLAGIO” (herein after referred to as the said “Flat") of the Building called “THE BELLAGIO” (herein after referred to as the said “Building") being constructed by the Promoter. AND WHEREAS by virtue of the Deed of Conveyance the Promoter has sole and Developer have jointly agreed exclusive right to sell flats available to the respective purchasers /holders of Flat in the respective buildings said building/s to be constructed by the said Developer. The rights Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of access the Flats to and receive the sale consideration in respect thereof; AND WHEREAS on demand from the respective flats allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Xxxxx Xxxx (Council of Architects (COA)) (Xxx.Xx. CA/2012/54979) and of such other documents as are specified under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made there under and the Allottee if satisfied in respect of the respective same; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and Vll and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Flats are constructed or are to be constructed have also been inspected by the Allottee and is satisfied in respect of the same. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority has been inspected by the Allottee. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project has also been inspected by the Allottee, AND WHEREAS the authenticated copies of the plans and specifications of the Flat agreed to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it Allottee has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale annexed and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner marked as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisAnnexure ‘A’. AND WHEREAS the Developer Promoter has caused got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said housing project building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be registered observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construction of the said building/s in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --proposed plans. AND WHEREAS the Parties have gone through all Allottee has applied to the terms & conditions set out Promoter for allotment of Flat No. , on the Floor, in this Agreement a scheme of “THE BELLAGIO” being constructed in the said Project more particularly described here in under at Second Schedule and understood referred to as “Scheduled Property” or “Said Flat”. AND WHEREAS the mutual rights carpet area of the said Flat is _ square meters and obligations detailed herein"carpet area" means the net usable floor area of an Flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area but includes the area covered by the internal partition walls of the Flat.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the VendorDeveloper is constructing the building on the said property consisting of several flats / Garage/Unit spaces according to the sanctioned plan sanctioned by the South Dum Dum Municipality vide plan No. 458 dated 27th day of May, 2019, which is now going on progress. AND WHEREAS the Owners/Vendors being the party of the first part and Developer party of the second part as Developer, Confirming Party and attorney agree to sell from their DEVELOPER ALLOCATION and the Purchasers agree to purchase Residential Flat being Flat No “ ” on the Floor, ( ) Side, measuring ( ) Sq. ft. more or less including super built up area of the said building at the below schedule mentioned property, more fully and particularly described in the Second Schedule hereunder written and together with proportionate share and interest on the land described in the first schedule at or for the consideration of Rs. /- [Rupees ] only @ /- (Rs. ) per sq. Ft. Vendors/Owners and the Purchasers entered into an Agreement for Sale :: In terms and conditions of the above Agreement for Sale dated made between the Vendors/Owners herein as the First Part and the Developer herein as the Second Part and the Purchasers herein as the Third Part, the Vendors/Owners and The Developer have jointly agreed to sell flats available and the Purchasers has agreed to purchase the respective purchasers /holders ALL THAT one self contain Flat in being Flat Vide No. , on the Side of the respective buildings to be constructed by the said DeveloperFloor, measuring a super built up area of Sq. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor Ft. more or less of the said Complex for better enjoyment of facilitiesbuilding including undivided impartible proportionate share or interest in the land or ground together with undivided common rights on the terrace and parapet walls, all common amenities and use facilities appended thereto the said building, more fully mentioned and convenience described in the SECOND SCHEDULE hereunder in the said for the total price of consideration of Rs. /- [Rupees ] only free from all encumbrances and liabilities whatsoever. On the request of the Purchasers, the Vendors/Owners/Developer have agreed to execute and register a Deed of Conveyance in favour of the Purchasers in respect of the said Flat mentioned herein below, of the said building including undivided impartible proportionate share or interest in land, together with undivided common rights on the terrace and parapet walls with all common amenities and facilities appended thereto the said building and premises more fully mentioned and described in the SECOND SCHEDULE hereunder written at or for the price or consideration money free from all encumbrances and liabilities whatsoever absolutely and forever. TOGETHER WITH the land, whereupon or on part whereof, the same is erected and built and premises, that are part and parcel thereof, together with all rights, liberties, privileges, easements, profits and appendages, right of ingress and egress from and right of air and light, that are belonging thereunto and/or reputed so to belong and all muniments of title documentation, that are in the main public Municipal Road up custody, power and possession of the Vendors/Owners, relating to the places demised premises and all rents, issues, profits and usufructs there from, for the Purchasers TO HAVE AND TO HOLD, the same for an indefeasible title, in fee simple, free from all encumbrances whatsoever, absolutely and forever, doth hereby covenants, with the Purchasers, that notwithstanding, any act, deed or thing done by them, or their predecessor-in-interest, they the Vendors/Owners, have in their good, rightful, power and absolute authority, to grant, sell, convey, transfer, assign and assure, the demised premises, unto the Purchasers, as is being done by this instrument and that there is no latent or patent defect of title of the respective buildings Vendors/Owners in the said complex. AND WHEREAS by same, or any latent or patent defect of title of the Purchasers i.e. being obtained through this instrument and further that there is no clog on the title of the Vendors/Owners and further there is no impediment, or bar for the Vendors/Owners to absolutely sell the demised premises as Vendors/Owners thereof, either under any law, or statute, or under any order of Court, or any other statutory forum, or Municipality or under any contract and the said JDA it has been agreed between Vendors/Owners, hereby further covenant with the Vendor Purchasers, that the Developer demised premises and every part thereof, is totally free from all encumbrances whatsoever and the Vendors/Owners hereby keeps the Purchasers sufficiently harmless and indemnified against the same and the Vendors/Owners hereby further covenant with the Purchasers, that all municipal taxes, electric bills, maintenance charges and all other outgoings, in respect of the demised premises, shall be entitled borne by the Vendors/Owners till the month, date or quarter in which this conveyance is being executed or vacant and peaceful possession is taken, whichever is earlier, as shall be applicable and thereafter the same shall be paid by the Purchasers and the Vendors/Owners hereby further mutually covenant with the Purchasers, that the Purchasers shall be free to enter into agreements for sale use, occupy, enjoy, possess and transfer absolutely own the same, without any let or hindrance, claim, question or demand, being raised by the Vendors/Owners or any one claiming through or under them, or in trust or in equity and the Vendors/Owners further covenant with the Purchasers, that on request of the various flats units apartments constructed spaces Purchasers, they will be bound to do, all and car parking spaces every act and to receive realize sign, execute and collect register if necessary, all deeds, documents, applications and papers, for more perfectly assuring the amount title, of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for demised premises AND the parties doth hereby mutually covenant with one another, that all of them shall at all times in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premisesfuture, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance duly comply with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & and conditions set out contained in this Agreement and understood the mutual rights and obligations detailed herein.conveyance. THE VENDORS / OWNERS AND DEVELOPER DOTH HEREBY FURTHER COVENANT WITH THE PURCHASERS AS FOLLOWS: -
Appears in 1 contract
Samples: 202.61.117.163
AND WHEREAS. the Vendor, Confirming Party Promoter has appointed a structural Engineer for the preparation of the structural design and Developer have jointly agreed drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building /buildings. AND WHEREAS by virtue of the Development Agreement/Power of Attorney the Promoter has sole and exclusive right to sell flats available to the respective purchasers /holders of Flat/Unit/Apartment in the respective buildings said building/s to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out Promoter on the ground floor of the said Complex for better enjoyment of facilities, amenities land and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer Agreement/s with the Allottee/Purchaser/of the various flats units apartments constructed spaces and car parking spaces and Flat/Unit/Apartment to receive realize and collect the amount sale consideration in respect thereof; AND WHEREAS the authenticated copies of consideration and other amounts in its own name and that Certificate of Title issued by the net sale proceeds accruing consequent to sale and transfer attorney at law or advocate of the Flats/ Units/ Car Parking Spaces/ Store RoomsPromoter, etc. shall be apportioned amongst authenticated copies of property card or 7/12 extract of or any other relevant revenue record showing the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance nature of the said JDA and in furtherance thereof title of the Developer has commenced Promoter to the work of construction of new building and/or buildings at Project land on which the said Premises, comprise of various self-contained flats units, apartments, Flat/Unit/Apartment are constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) or are to be ultimately held by/owned by various intending purchasers on ownership basisconstructed have been annexed hereto and marked Annexure A and B, respectively. AND WHEREAS the Developer has caused authenticated copies of the said housing project to be registered in accordance plans of the Layout as approved by the concerned Local Authority along with commencement certificate by the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --sanctioning authority have been annexed hereto and marked Annexure C-1. AND WHEREAS the Parties copy of NA Order issued by the Collector, Pune is annexed hereto as Annexure ‘C2’ AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project have gone through all the terms & conditions set out in this Agreement been annexed hereto and understood the mutual rights and obligations detailed hereinmarked Annexure C-3.
Appears in 1 contract
Samples: Articles of Agreement
AND WHEREAS. the Purchaser(s) have/has taken thorough inspection of all papers and documents referred to hereinabove and have/has made necessary searches and after having been fully satisfied in all respect including all the right title and interest of the Vendor/Owner and/or the Developer, Confirming Party and Developer have jointly the Purchaser(s) have/has agreed to sell flats available purchase and/or acquire ALL THAT one Office Unit being No. on the Floor by ad-measurement containing an area of Sq. Ft. Carpet Area and/or Sq. Ft. Built Up Area and/or Super Built Up Area together with right/amenities to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out use covered/open car parking space on the ground floor of the said Complex Said Building for better enjoyment of facilitiesparking medium sized car at Premises Xx. 000X, amenities Xxxx Xxxxxx Xxxxxx, P.S. Gariahat, Kolkata 700 019, Xxxx No. 068, District 24 Parganas (South), more fully and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings particularly described in the said complex. AND WHEREAS by SECOND SCHEDULE hereunder written and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEXSAID PROPERTY/UNIT for and at a total consideration of Rs. /- (Rupees only) and the right to use the common parts, portions, areas, facilities and amenities as fully described in the THIRD SCHEDULE hereunder written but subject to observing and performing the terms conditions covenants and restrictions as contained in the FOURTH SCHEDULE hereunder written and also subject to making payment of proportionate costs charges and expenses as mentioned in the FIFTH SCHEDULE hereunder written for the common repairs, maintenance and services, facilities and amenities in the said building to the Owner/Vendor and after handing over maintenance by a written agreement to the Association/Society, to the Association/Society of the Buyers/Owners of different units in the said building, to be ultimately held byformed by the Owner/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed hereinVendor.
Appears in 1 contract
Samples: Deed of Conveyance
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders authenticated copies of the respective plans of the Layout as proposed by the Vendor and according to which the construction of the buildings and open spaces are proposed to be constructed by provided for on the said Developer. The rights of access to and from project have been annexed hereto, AND WHEREAS the respective flats authenticated copies of the respective buildings plans and specifications of the Apartment agreed to be purchased by the respective purchasers including Purchaser, as sanctioned and approved by the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has local authority have been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basisannexed. AND WHEREAS the Developer Vendor has caused got the some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said housing project building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be registered observed and performed by the Vendor while developing the project land and the said building and upon due observance and performance on which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Vendor has accordingly commenced construction of the said building/s in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --proposed plans. AND WHEREAS the Parties have gone through all Purchaser has applied to the terms & conditions set out Vendor for allotment of an Apartment No. on floor in this Agreement wing situated in the building No. being constructed in the phase of the said project, AND WHEREAS the carpet area of the said Apartment is . sq. mtrs. and understood usable area of usable area of Balconies/utility/C/B/ adm. . sq.mtrs. And adjoining Terrace adm. . Sq. Mtrs. Carpet area as per RERA which means the mutual rights net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Purchaser or verandah area and obligations detailed hereinexclusive open terrace area appurtenant to the said Apartment for exclusive use of the Purchaser, but includes the area covered by the internal partition walls of the apartment.)
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to developer herein as per the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor terms & conditions of the said Complex for better enjoyment development agreements submitted a building plan on behalf of facilities, amenities the owners and use and convenience of ingress and egress sanctioned the same from the main public Municipal Road up to the places of the respective buildings in the said complexBarasat Municipality, vide Plan No. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. dated …………… AND WHEREAS in pursuance of the said JDA plan sanctioned by the Barasat Municipality the Vendor/ Developer duly started the construction fully mentioned in the First Schedule hereunder written and in furtherance thereof has provided a flat vide no on the Developer has commenced Floor on the work of side measuring Sq. ft. super built up area more or less along with cemented flooring covered Garage vide no. , on the Ground Floor covered area measuring Sq. Ft more or less which are under construction of new the (G + 3) storied building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter herein after referred to as the said ACTFlat) under Registration No. HIRA/ --for Sale to the intending Purchaser from the developers allocation wherein the owner and Xxxxxxxxx will execute the Deed of Conveyance and also the Agreement for Sale who will be entered into the Agreement for sale for the purchase of the said Flat in the said building. AND WHEREAS the Parties have gone through all Purchaser herein relying on the terms & conditions set out in this Agreement representation of the Owners and understood the mutual rights Developers as stated herein has agreed to purchase a flat vide no on the on the side measuring Sq. ft. super built up area more or less along with cemented flooring covered Garage vide no. , on the Ground Floor covered area measuring Sq. Ft more or less which are under construction of the (G + 3) storied building (herein after referred to as the said Flat) at or for the price of Rs. per. Sq. ft. total of Rs. ( ) only for Flat and obligations detailed hereinRs. ( ) only for Garage. So the total price of the Flat and Garage is Rs. ( ) only (The total price will be finalized after proper measurement) and Rs. as extra for electric transformer.
Appears in 1 contract
Samples: Agreement for Sale
AND WHEREAS. the Vendor, Confirming Party and Developer have jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by the said Developer. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities facilities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. AND WHEREAS by and under the said JDA it has been agreed between the Vendor that the Developer shall be entitled to enter into agreements for sale and transfer of the various flats units apartments constructed spaces and car parking spaces in its own name and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. Developer shall be apportioned amongst the Vendor and Developer in the manner as provided for in the said JDA. AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-self contained flats units, apartments, units apartments constructed spaces and Car Parking Spaces car parking spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the said Developer has caused undertaken the construction of the building on the plot of land owned by the said housing project to be registered Vendor, particulars of which are described in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (First Schedule hereunder written and hereinafter referred to as called the said ACT) under Registration land and has obtained a building plan duly sanctioned from Kolkata Municipal Corporation bearing Sanction No. HIRA/ --2019120132 Dated 05.11.2019. AND WHEREAS the Parties Vendor and Developer/Confirming Party have gone jointly agreed to sell flats available to the respective purchasers /holders of the respective buildings to be constructed by them. The rights of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through all and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment facilities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. The Purchaser being desirous of owning ALL THAT the FLAT/UNIT NO. ---- in the Block No. - „1 (ONE)‟ more fully and particularly mentioned and described in SECOND SCHEDULE hereunder written approached the Vendor to sell and transfer the same to the Purchaser to which the vendor/ developer has agreed at or for the consideration and on the terms & and conditions set out hereinafter stated. AND WHEREAS by an „Agreement for Sale‟ dated entered between the said Vendor of the FIRST PART, Developer/Confirming Party of the SECOND PART and the Purchaser of the THIRD PART the Vendor / Developer have agreed to sell all that Unit in or portion of the building being Unit/Flat No. „--------‟ on the -------- ( ) FLOOR at BLOCK – „1 (ONE)‟, containing saleable area of Sq. Ft. (Super built up) more or less TOGETHER WITH right to park ONE small/ medium sized motor car on the OPEN/COVERED CAR PARKING SPACE of the said premises morefully described in the SECOND SCHEDULE hereunder written TOGETHER WITH proportionate undivided indivisible share in common areas and installation and also TOGETHER WITH proportionate undivided share of land comprised in the said Premises Xx. 000, Xxxxxxxx, Xxxxxxx – 700 107 described in the FIRST SCHEDULE hereunder written at the price of Rs. -----------/- (Rupees -------------------------------------- --------------------------------------------------- Only) and on the terms and conditions covenants and stipulation stated in the said agreement to the Purchaser . AND WHEREAS the said Purchaser has from time to time after the date of the said agreement paid the said sum of Rs. -------------------/- (Rupees -------------------------------- ----------------------------- Only) being the consideration amount in full to the Developer. AND WHEREAS the Vendor has good, clear and marketable title in respect of the said flat as described in the SECOND SCHEDULE. AND WHEREAS the vendor/ developer has also duly made over possession of the said Unit to the said purchaser on the date of this Agreement presents and understood the mutual rights purchaser have duly satisfied themselves about the construction of the said Unit and obligations detailed hereinmaterials used and also about the further features of the said flat.
Appears in 1 contract
Samples: 202.61.117.163
AND WHEREAS. the Vendor herein for the purpose of making construction of building, took sanction of Building Plan as per Building Permit No. dated and constructed the Ground Plus Storied Building and completed the entire construction in conformity with the Plan, sanctioned by the . AND WHEREAS in terms of Agreement, the Vendor has decided to sell one complete self-contained residential flat, being No. , measuring super-built up area Square Feet more or less on the Floor of Municipal Holding No. , particulars of which mentioned inthe Second Schedule below AND one Car Parking space on the Ground Floor, measuring anarea of 135 Square Feet more or less, being No. of Municipal Holding being Plot No.AA-IIB/961 Category HIGI-II, Action Area- IIB, Police Station – New Town, District- North 24 Parganas particulars of whichmentioned in the Third Schedule below, together with proportionate undivided impartible share of the land underneath of building of the First Schedule and also all rights of common area and common facilities as provided in the Building as well as right of ingress and egress through and over the common passage with some terms and conditions, reserving the right of the Vendor, Confirming Party subject to right of further construction on the existing roof of the buildingonly in strict compliance of the sanctioned building plan by the New Town Kolkata Development Authority provided that the Purchaser will have to pay the proportionate maintenance charges for thesaid flat at the Floor and Developer Car Parking space at the Ground Floor of the said buildingof First Schedule. AND WHEREAS the Purchaser herein after coming to know the intention of the Vendor regarding sale of Flat No. of Floor of Second Schedule Flat and Third Schedule Car Parking space, has inspected all relevant deeds, documents, papers, rent receipts, tax receipts, sanctioned Plan, permit for construction, issued by and also being satisfied with the nature and construction of the building in First Schedule and also considering the common facilities and enjoyment as well as the existing passage for ingress and egress made approach to the Vendor to sell the said flat in Second Schedule and Car Parking Space in Third Schedule AND WHEREAS the Vendor considering the bonafide approach of the Purchaser have jointly agreed to sell flats available to the respective purchasers /holders Purchaser, one complete residential flat, being No. , measuring super built-up area Square Feet more or less on the Floor of Municipal Holding being Plot No.AA-IIB/961 Category HIGI-II, Action Area-IIB, Police Station – New Town, District- North 24 Parganas and one Car Parking Space being No. at the Ground Floor, measuring an area 135 Square Feet more or less, and thus shown in the Plan annexed herewith and bordered “RED‟ for the Flat and bordered “RED‟ for the Car Parking Space therein, the Plans do form the part of this Deed and hereinafter called the said flat and the said Car Parking Space together with common area of the respective buildings building, standing on First Schedule and all common rights for use entrance, stair, lift, path, passage lobby necessary for the purpose of peaceful enjoyment of Purchaser’s Flat and Car-Parking space and also the proportionate undivided impartible share of land underneath of the building in First Schedule with the undertaking to be constructed pay proportionate maintenance charges, jointly with other co-flat owners for maintenance of building and also for enjoyment of common facilities, such as electricity, water and other common facilities, annexed with the Building for the total consideration of Rs. only for the flat and car parking space. NOW THIS INDENTURE WITNESSETH and in pursuance of the Agreement and in consideration of Rs. only for the flat and car parking space only fully paid by the said DeveloperPurchaser to the Vendor on or before execution of these presents the receipt whereof the vendor doth hereby release to the Purchaser’s flat in Second Schedule and Car Parking Space in the Third Schedule together with the proportionate undivided impartible share of land in First Schedule and the interest of common areas etc. forever. The Vendor do hereby grant, transfer, sell, convey, assure and assign unto the Purchaser ALL THAT the said area, being Flat No. , measuring super built up area Square Feet more or less in the Floor and one Car Parking Space at the Ground Floor, measuring an area 135 Square Feet more or less being No. more fully and particularly described in the Second Schedule and Third Schedule respectively below, TOGETHER WITH undivided proportionate impartible share of land underneath of building in First Schedule and the proportionate undivided share of land underneath with the interest of common area and common passage, staircase, lift tube well, drains, sewers, water pipes and all other fixtures and equipments of common utility and common paths and passages appertaining to the said building specifically mentioned in Fourth Schedule below and properties appurtenances thereto AND reversion or reversions, remainder or remaindersand the rent issues and profits of and in connection with the said flat and the properties appurtenances thereto AND all the estate, right, title, interest, property claim and demand whatsoever of the Vendor into out of or upon the said flat and the properties appurtenances theretoTO HAVE AND TO HOLD the said flat appurtenances thereto hereby granted, conveyed, transferred, assigned and assured and every part thereof respectively TOGETHER WITH the Vendor and each of their rights unto the Purchaser hereof f r e e f r o m a l l e n cu m b r a n c e s , s a v e t h o s e e x p r e s s l y m e n t i o n e d h e r e i n S U B JE CT E X CL U S I V E L Y to the payment of the proportionate share of apportioned liability for Municipal Taxes, Insurance premium for the said building and the monthly maintenance charges and the right of Vendor in respect hereof as reserved by the Agreement for purchase or by these presents and subject nevertheless to the easements or quasi-easements and other stipulations or provisions in connection with the beneficial use and enjoyment of the said flat in Second Schedule and Car Parking space in Third Schedule AND subject also that the Purchaser hereto will as owner of the said flat and Car Parking space which are hereby sold, transferred, conveyed and assigned as an indefeasible estate and shall not be sub-divided or partitioned by metes and bounds the same or any portion herein any manner whatsoever TOGETHER WITH the right of using of staircase, lift, entrance, electrical, plumbing and other installations for common utility, main entrance and other common facilities, commonly with the Vendor and/or other owners and occupiers of the said building, for the purpose of access to and from the respective flats of the respective buildings to be purchased by the respective purchasers including the above named purchaser from through and along the pathways and passages provided in lay out on the ground floor of the said Complex for better enjoyment of facilities, amenities and use and convenience of ingress and egress from the main public Municipal Road up to the places of the respective buildings in the said complex. road EXCEPTING AND WHEREAS by and under the said JDA it has been agreed between RESERVING UNTO the Vendor that such easement or quasi-easement right and privileges annexed with the Developer building in First Schedule. The Purchaser shall be entitled to enter into agreements for sale and transfer mutate his name in the Assessment Register of the various flats units apartments constructed spaces and car parking spaces and to receive realize and collect the amount of consideration and other amounts in its own name and that the net sale proceeds accruing consequent to sale and transfer of the Flats/ Units/ Car Parking Spaces/ Store Rooms, etc. shall be apportioned amongst the Vendor and Developer New Town Kolkata Development Authorityand also in the manner as provided for Settlement Record of Rights in the said JDArespect of his purchased property. THAT THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER HERETO OFTHE SAID FLAT AND WHEREAS in pursuance of the said JDA and in furtherance thereof the Developer has commenced the work of construction of new building and/or buildings at the said Premises, comprise of various self-contained flats units, apartments, constructed spaces and Car Parking Spaces (hereinafter referred to as the HOUSING COMPLEX) to be ultimately held by/owned by various intending purchasers on ownership basis. AND WHEREAS the Developer has caused the said housing project to be registered in accordance with the provisions of West Bengal Housing Industry Regulatory Authority Act (hereinafter referred to as the said ACT) under Registration No. HIRA/ --. AND WHEREAS the Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein.CAR PARKING SPACE AS FOLLOWS:-
Appears in 1 contract
Samples: 202.61.117.163