Common use of Cancellation by Allottee Clause in Contracts

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 3 contracts

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

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Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 2 contracts

Samples: Partnership Agreement, Promoter Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotmentallotment i.e. a sum equivalent to 9.9% (nine point nine) percent of the Total Price. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market falling/depreciating market, the amount refundable will to the Allottee shall be further reduced by to the extent of the difference in amount the amount/consideration receivable by the Promoter on a the fresh sale of the Apartment to another buyer allottee/new purchaser and the purchase price of paid by the Allottee, if the current fresh or then prevailing sale price is less than the purchase priceprice paid by the Allottee under this Agreement. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Sale Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without for any fault reason other than default of the PromoterVendors under this Agreement, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotmentallotment and the interest liabilities. Upon registration Only the balance amount of money, if any, paid by the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon Allottee to the Promoter subsequently selling and transferring towards the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined shall be returned by the Promoter and exclusive to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties. The liability of the Promoter to refund any indirect taxes, stamp duty amount to the Allottee shall arise only upon execution and registration chargesof a Cancellation Agreement at the costs of the Allottee. Further The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, brokerage, etc. shall not be refundable. Further, in case of a falling market market, the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the said Apartment to another buyer and the purchase price Total Price/Agreed Consideration of the Allottee, Allottee if the current sale price Total Price/Agreed Consideration is less more than the fresh purchase price. The Allottee shall, at his own costs Promoter shall not have any other liability or obligation whatsoever and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled from the date of termination to deal with with, dispose of and/or dispose off sell the Said said Apartment And Appurtenances in Unit to anyone else without any reference to the manner it deems fit Allottee and properwithout waiting for formal execution of the Cancellation Agreement.

Appears in 1 contract

Samples: Sale Agreement

Cancellation by Allottee. Transferee- The Allottee Allottee/Transferee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee Allottee/Transferee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment Unit and Appurtenances and upon resale retransfer of the Said Apartment Unit and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment Unit and Appurtenances to another allottee allottee/transferee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee/Transferee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale transfer of the Apartment Unit to another buyer allottee/transferee and the purchase price of the Allottee/Transferee, if the current sale price is less than the purchase sub-lease price. The Allottee Allottee/Transferee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee Allottee/Transferee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment Unit And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment Unit And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Transfer Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotmentallotment i.e. a sum equivalent to 10% (ten percent) of the Total Price. Upon registration of the deed of cancellation in respect of the Said Apartment Bungalow and Appurtenances and upon resale of the Said Apartment Bungalow and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment Bungalow and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. .. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment Bungalow And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And BungalowAnd Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Sale Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale re transfer of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale Transfer price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale Transfer of the Apartment to another buyer allottee and the purchase price of the Allottee, if the current sale Transfer price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Transfer Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the PromoterDeveloper, the Promoter Developer herein is entitled to forfeit the entirety of the booking amount paid for the allotmentallotment i.e. a sum equivalent to 10% (Ten Per cent) of the Total Price. Upon registration of the deed Deed of cancellation Cancellation in respect of the Said Apartment Bungalow and Appurtenances and upon resale of the Said Apartment Bungalow and Appurtenances i.e. upon the Promoter Developer subsequently selling and transferring the Said Apartment Bungalow and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter Developer shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter Developer and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment Bungalow to another buyer allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the PromoterDeveloper. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter Developer and/or the Said Apartment Bungalow And Appurtenances and the Promoter Developer shall be entitled to deal with and/or dispose off the Said Apartment Bungalow And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Sale Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotmentallotment i.e. a sum equivalent to 9.5% (nine point five percent) of the Total Price. Upon registration of the deed of cancellation in respect of the Said Apartment Bungalow and Appurtenances and upon resale of the Said Apartment Bungalow and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment Bungalow and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment Bungalow to another buyer allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment Bungalow And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment Bungalow And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: . Provided that where the Allottee allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety 30% of the consideration amount including booking amount paid for the allotment. allotment Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price total price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter Promoter/Developer and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, shall at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter/Developer. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter Promoter/Developer and/or the Said Apartment And and Appurtenances and the Promoter Promoter/Developer shall be entitled to deal with and/or dispose off of the Said said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Sale Agreement

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Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer Allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale retransfer of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale Total price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale transfer of the Apartment to another buyer Allottee and the purchase price of the Allottee, if the current sale total price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Sale Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale re transfer of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee Allottee and receipt of the sale Transfer price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale Transfer of the Apartment to another buyer Allottee and the purchase price of the Allottee, if the current sale Transfer price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Draft Agreement for Sredpl Allocation

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Transferor and/or the Promoter, the Promoter Transferor herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale re transfer of the Said Apartment and Appurtenances i.e. upon the Promoter Transferor subsequently selling and transferring the Said Apartment and Appurtenances to another allottee Allottee and receipt of the sale Transfer price thereon, the Transferor/Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter Transferor and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale Transfer of the Apartment to another buyer Allottee and the purchase price of the Allottee, if the current sale Transfer price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Transferor and the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Transferor and the Promoter and/or the Said Apartment And Appurtenances and the Promoter Transferor shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Draft Agreement for Sredpl Allocation

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotmentallotment i.e. a sum equivalent to 10% (ten percent) of the Total Price. Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper.

Appears in 1 contract

Samples: Sale Agreement

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