Common use of Common Areas Related Clause in Contracts

Common Areas Related. 11.4.1 The Buildings and the Project shall contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 The Owner/Promoter would convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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Common Areas Related. 11.4.1 11.3.1 The Buildings and the Project shall also contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A D hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners owners/allottees of the Project and other persons persons/allottees as may be permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.3.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 11.3.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.3.4 The Owner/Promoter would convey proportionate undivided indivisible share provide right to use in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out transfer of Common Areas in favour of the Association, then such sale transfer shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Sub Lease/Assignment Deed in respect of the Unit Said Apartment in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association as and when formed and any related documentation and acts deeds and things shall be done by the Allottee and/or the Association and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the AllotteeAllottee proportionately and/or the Association. 11.3.5 The Promoter has informed the Transferees/Allottees that there may be common access road, street lights, common recreation space, passages, electricity and telephone cables, water lines, gas pipelines, drainage lines, sewerage lines, sewerage treatment plant and other common amenities and conveniences in the layout of the Larger Property. The Promoter has further informed the Transferees/Allottees that all the expenses and charges of the aforesaid amenities and conveniences may be common and the Transferees/Allottees along with other Transferees/Allottees of flats/units/apartments in the Said Block/Building Project and/or in the Larger Property, and the Transferees/Allottees shall share such expenses and charges in respect thereof as also maintenance charges proportionately. Such proportionate amounts shall be payable by each of the Transferees/Allottees of flats/units/apartments in the Project including the Transferees/Allottees herein and the proportion to be paid by the Transferees/Allottees shall be determined by the Promoter and the Transferees/Allottees agree to pay the same regularly without raising any dispute or objection with regard thereto. Neither the Transferees/Allottees nor any of the Transferees/Allottees of flats/units/apartments in the Project shall object to the Promoter laying through or under or over any land comprised in the larger Property hereunder written and/or any part thereof, pipelines, underground electric and telephone cables, water lines, gas pipe lines, drainage lines, sewerage lines, etc., belonging to or meant for any of the other blocks/buildings which are to be developed and constructed on any portion of the Larger Property. 11.3.6 The Shared infrastructure and any other areas as may be designated by the Promoter including common open areas, common landscapes and driveways etc. in/on the Larger Property shall be an integral part of the layout of the development of the Larger Property and neither the Transferees/Allottees nor any person or entity on the Transferees/Allottees’ behalf shall, at any time claim any exclusive rights with respect to the same.

Appears in 1 contract

Samples: Assignment Agreement

Common Areas Related. 11.4.1 The Buildings and the Project shall contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B 1C Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 The Owner/Promoter would convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in beingin force otherwise requires such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which towhich the Allottee hereby agrees. If the formation of the Association does not take nottake place prior to the agreed and/or prescribed date for execution or Conveyance orConveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee theAllottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and Allotteeand all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Common Areas Related. 11.4.1 11.3.1 The Buildings and the Project shall also contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A D hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners owners/allottees of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.3.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. In particular and without prejudice to the generality of the foregoing provisions of this clause, the Parking Space including the Mechanical Parking System shall not be, nor be claimed to be part of the Common Areas. 11.4.3 11.3.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.3.4 The Owner/Promoter would convey proportionate undivided indivisible share provide right to use in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out transfer of Common Areas in favour of the Association, then such sale transfer shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association as and when formed and any related documentation and acts deeds and things shall be done by the Allottee and/or the Association and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the AllotteeAllottee proportionately and/or the Association.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.7.1 The Buildings and the Project Designated Tower shall contain certain Common Areas as specified in Section SECTION I of the PART-IV of the SCHEDULE A hereto which and the Allottee shall have the right to use the said Common Areas in common with the OwnerOwners, the Promoter and Promoter, the other Co-owners Owner of the Project said Designated Tower and other persons as may be permitted by the Promoter. . 11.7.2 The Project shall also contain certain Common Areas mentioned as specified in Section SECTION II of PART-IV of SCHEDULE A hereto and the Allottee shall be for have the right to use and enjoyment of the allottees said Common Areas in common with the Owners, the Promoter, the other Co-Owner of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons as may be permitted by the Promoter including allottees it being expressly agreed that those of Future Phases or the Common Areas as mentioned in SECTION IV of PART-IV of SCHEDULE A hereto shall also be in common used by the owners and occupiers of First Phase and any of them as the Promoter may decide.future phase/s. 11.4.2 11.7.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building Designated Tower or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.4 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.5 The OwnerOwners/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership Ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 The Buildings and Designated Building containing the Project Unit shall contain certain Common Areas as specified in Section I SECTION 1 of PART-7of the SCHEDULE A hereto and which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the PART-IV Designated Building and other persons permitted by the Promoter. The Project shall also contain certain Common Areas as specified in SECTION 2 of PART-7of the SCHEDULE A hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the Project and other persons permitted by the Promoter. The Phase 1 and Phase 2 shall contain certain Common Areas mentioned as specified in Section II SECTION-3 of PART-IV PART-7 of SCHEDULE A Schedule Ahereinabove written which the Allottee shall be for have the right to use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the OwnerOwners, the Promoter and other Co-owners of the Whole Complex including First Phase and Third Phase (if developed by the Promoter), and other persons permitted by the Promoter including allottees Promoter. The Whole Complex shall contain certain Common Areas as specified in SECTION-4 ofPART- 7 of Future Phases or any of them as Schedule Ahereinabove written which the Allottee shall have the right to use in common with the Owners, the Promoter may decide. 11.4.2 and other Co-owners of the Whole Complex including First Phase and Third Phase (if developed by the Promoter), and other persons permitted by the Promoter. Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 . Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 . The Owner/Promoter would convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.3.1 The Buildings and the Project shall also contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A D hereto which the Allottee Allottees shall have the right to use in common with the Owner, the Promoter and other Co-owners owners/allottees of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.3.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee Allottees either independently or in common with any other Co-Co- owner. 11.4.3 11.3.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.3.4 The Owner/Promoter would convey proportionate undivided indivisible share provide right to use in the Common Areas in favour of the Allottee Allottees and if the laws for the time being in force otherwise requires such sale to be carried out transfer of Common Areas in favour of the Association, then such sale transfer shall be carried out in favour of the Association, to which the Allottee Allottees hereby agreesagree. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit Said Apartment in favour of the AllotteeAllottees, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association as and when formed and any related documentation and acts deeds and things shall be done by the Allottee Allottees and/or the Association and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the AllotteeAllottees proportionately and/or the Association.

Appears in 1 contract

Samples: Agreement for Sale

Common Areas Related. 11.4.1 11.3.1 The Buildings and the Project shall also contain certain Common Areas and Facilities as specified in Section I of the PART-IV of the SCHEDULE A D hereto which the Allottee shall have the right to use in common with the Owner, the Promoter Promoters and other Co-owners owners/ allottees of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decidePromoters. 11.4.2 11.3.2 Save those expressed or intended by the Promoter Promoters to form part of the Common AreasAreas and Facilities, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas and Facilities by the Allottee either independently or in common with any other Coco-owner. 11.4.3 11.3.3 Upon construction of the Buildings at the Project Land, the Promoter Promoters shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.3.4 The OwnerOwners/Promoter Promoters would convey proportionate undivided indivisible share provide right to use in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out transfer of Common Areas and Facilities in favour of the Association, then such sale transfer shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit Said Apartment in favour of the Allottee, then the transfer of the share in the Common Areas and Facilities may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association as and when formed and any related documentation and acts deeds and things shall be done by the Allottee and/or the Association and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the AllotteeAllottee proportionately and/or the Association.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.7.1 The Buildings Designated Block containing the Unit shall contain certain Common Areas as specified in SECTION I of PART-VI of the SCHEDULE A hereto and which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co- owners of the Designated Block and other persons permitted by the Promoter. 11.7.2 The Project shall contain certain Common Areas as specified in Section I SECTION II of the PART-IV PART- VI of the SCHEDULE A hereto which the Allottee shall have the right to use in common with the OwnerOwners, the Promoter and other Co-owners of the Project and other persons permitted by the Promoter. The Project shall also contain certain Common Areas mentioned as specified in Section II a part of SECTION III of PART-IV VI of the SCHEDULE A hereunder written which the Allottee shall be for have the right to use in common with the Owners, the Promoter and enjoyment of the allottees other Co-owners of the Project and the First Phase and also if so decided by the Promoter with the co-owners of Future Phases (or part thereof as permitted by the allottees of Promoter). 11.7.3 The Whole Complex may contain certain additional joint common areas which the project at Allottee shall have the Phase 1A Land and 1B Land right to use in common with the OwnerOwners, the Promoter and other Co-owners of the Whole Complex including the Future Phases and other persons permitted by the Promoter including allottees of Future Phases or any of them as and the same shall be identified by the Promoter may decidefrom time to time at the time of construction of the Future Phases. 11.4.2 11.7.4 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner (s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.5 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project Project/ Whole Complex including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas.common 11.4.4 11.7.6 The OwnerOwners/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership Ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.7.1 The Buildings and the Project shall also contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A hereto which and the Allottee shall have the right to use the said Common Areas in common with the OwnerOwners, the Promoter and Promoter, the other Co-owners Owner of the Project and other persons as may be permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.7.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building Designated Wing or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.4 The OwnerOwners/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership Ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.7.1 The Buildings and the Project Designated Block shall contain certain Common Areas as specified in Section SECTION I of PART-IV of SCHEDULE A hereto and the Allottee shall have the right to use the said Common Areas in common with the Owner, the Promoter, the other Co-Owner of the said Designated Block and other persons as may be permitted by the Promoter. 11.7.2 The Project shall also contain certain Common Areas as specified in SECTION II of PART-IV of SCHEDULE A hereto and the Allottee shall have the right to use the said Common Areas in common with the Owner, the Promoter, the other Co-Owner of the Project and other persons as may be permitted by the Promoter. 11.7.3 The Commercial Lot shall contain certain Common Areas as specified in SECTION III of PART-IV of the SCHEDULE A hereto which and in case the Unit agreed to be purchased hereunder by the Allottee forms part of the Commercial Lot, then and only in that event the Allottee shall have the right to use the common areas forming part of the Commercial Lot in common with the Owner, the Promoter and other Co-owners of the Project Commercial Lot and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.7.4 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building Designated Block or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.5 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.6 The Owner/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership Ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.3.1 The Buildings and the Project shall also contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A D hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners owners/allottees of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.3.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building Unit or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 11.3.3 Upon construction of the Buildings Unit at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.3.4 The Owner/Promoter would convey proportionate undivided indivisible share provide right to use in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out transfer of Common Areas in favour of the Association, then such sale transfer shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association as and when formed and any related documentation and acts deeds and things shall be done by the Allottee and/or the Association and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the AllotteeAllottee proportionately and/or the Association.

Appears in 1 contract

Samples: Agreement for Sale

Common Areas Related. 11.4.1 11.7.1 The Buildings and the Project Designated Building shall contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE Schedule A hereto which and the Allottee shall have the right to use the said Common Areas in common with the Owner, the Promoter and Promoter, the other Co-owners Owner of the Project said Designated Building and other persons as may be permitted by the Promoter. . 11.7.2 The Project shall also contain certain Common Areas mentioned as specified in Section II of PART-IV of SCHEDULE Schedule A hereto and the Allottee shall be for have the right to use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land said Common Areas in common with the Owner, the Promoter Promoter, the other Co-Owner of the Project and other persons as may be permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decidePromoter. 11.4.2 11.7.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Designated Building or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.4 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.5 The Owner/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership Ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 The Buildings and the Project Building shall also contain certain Common Areas as specified in Section Part I of the PART-IV of the SCHEDULE A D hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners owners/allottees of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of . 11.4.2 Notwithstanding anything stated above, the allottees of the Project Commercial Portion and also the Allotted Area shall be entitled to use only the Common Areas as specified in Part-II of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide.Schedule D 11.4.2 11.4.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. In particular and without prejudice to the generality of the foregoing provisions of this clause, the Parking Space including the Mechanical Parking System shall not be, nor be claimed to be part of the Common Areas and shall be considered as Limited Common Area as provided under West Bengal Apartment Ownership Act,1972. 11.4.3 11.4.4 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.4.5 The Owner/Promoter would convey proportionate undivided indivisible share provide right to use in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out transfer of Common Areas in favour of the Association, then such sale transfer shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit Said Apartment in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association as and when formed and any related documentation and acts deeds and things shall be done by the Allottee and/or the Association and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the AllotteeAllottee proportionately and/or the Association.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.3.1. The Buildings and the Project shall also contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A D hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners owners/allottees of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.3.2. Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building Unit or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 11.3.3. Upon construction of the Buildings Unit at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.3.4. The Owner/Promoter would convey proportionate undivided indivisible share provide right to use in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out transfer of Common Areas in favour of the Association, then such sale transfer shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association as and when formed and any related documentation and acts deeds and things shall be done by the Allottee and/or the Association and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the AllotteeAllottee proportionately and/or the Association.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.7.1 The Buildings and the Project Building shall contain certain Common Areas as specified in Section I of the PART-PART- IV of the SCHEDULE Schedule A hereto which and the Allottee shall have the right to use the said Common Areas in common with the OwnerPromoter, the other Co-Owner of the said Building and other persons as may be permitted by the Promoter. 11.7.2 In case the Unit agreed to be purchased hereunder by the Allottee forms part of the Commercial Unit, then the Allottee shall not have any right to use any Common Areas and Installations other than the common areas in front of the Commercial Unit for ingress and egress into and out of the Commercial Unit in common with the Promoter and other Co-owners of the Project Commercial Unit and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall front open space may be for use secured by temporary fencing and enjoyment gates so that the owners, occupiers and/or visitors of the allottees Allottee shall not be entitled to enter upon the remaining portion of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decideBuilding Complex. 11.4.2 11.7.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.4 Upon construction of the Buildings at the Project Land, Building the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.5 The Owner/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.shall

Appears in 1 contract

Samples: Agreement for Sale

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Common Areas Related. 11.4.1 11.8.1 The Buildings and the Project Designated Building shall contain certain Common Areas as specified in Section SECTION I of the PART-PART - IV of the SCHEDULE A hereto which and the Allottee shall have the right to use the said Common Areas in common with the OwnerOwners, the Promoter Promoter, the other Co-owners of the said Designated Building and other persons as may be permitted by the Promoter. 11.8.2 The Project shall also contain certain Common Areas as specified in SECTION II of PART - IV of SCHEDULE A hereto and the Allottee shall have the right to use the said Common Areas in common with the Owners, the Promoter, the other Co-owners of the Project and other persons as may be permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.8.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Designated Building or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.8.4 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.8.5 The OwnerOwners/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 The Buildings and the Project shall contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-Co- owners of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 The Owner/Promoter would convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 The Buildings and the Project shall contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 The Owner/Promoter would convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in beingin force otherwise requires such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which towhich the Allottee hereby agrees. If the formation of the Association does not take nottake place prior to the agreed and/or prescribed date for execution or Conveyance orConveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee theAllottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and Allotteeand all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Common Areas Related. 11.4.1 11.7.1 The Buildings and Designated Block containing the Project Unit shall contain certain Common Areas as specified in Section SECTION I of the PART-IV VI of the SCHEDULE A hereto and which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the Project Designated Block and other persons permitted by the Promoter. . 11.7.2 The Whole Complex shall contain certain Common Areas mentioned as specified in Section SECTION- II of PART-IV VI of SCHEDULE Schedule A hereunder written which the Allottee shall be for have the right to use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the OwnerOwners, the Promoter and other Co-owners of the Whole Complex including First Phase and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decidePromoter. 11.4.2 11.7.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building Designated Block or the Project or the Whole Complex shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.4 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project Project/ Whole Complex including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.5 The OwnerOwners/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership Ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 13.4.1 The Buildings and the Project shall contain Designated Block contains certain Common Areas as specified in Section PART-I of Schedule-D hereto and the PART-IV of the SCHEDULE A hereto which the Allottee Purchaser shall have the right to use the said Common Areas in common with the OwnerVendors, the Promoter, the other Co-Owner of the said Designated Block and other persons as may be permitted by the Promoter. 13.4.2 The Project contains certain Common Areas as specified in PART-II of the Schedule-D hereto which the Purchaser shall have the right to use the said Common Areas in common with the Vendors, the Promoter and other Co-owners of the Project and other persons as may be permitted by the Promoter. . 13.4.3 The Commercial Block contains certain Common Areas mentioned as specified in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment III of the allottees Schedule-D hereto and in case the Unit purchased hereunder by the Purchaser forms part of the Project Commercial Block, then and also only in that event the Purchaser shall have the right to use the common areas forming part of the allottees of the project at the Phase 1A Land and 1B Land Commercial Block in common with the OwnerVendors, the Promoter and other Co-owners of the Commercial Block and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decidePromoter. 11.4.2 13.4.4 Save those expressed or intended by the Promoter to form part of the Common AreasAreas as per the Schedule-D hereto, no other part or portion of the said Building Designated Block or the Project shall be claimed to be a part of the Common Areas by the Allottee Purchaser either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 Upon construction of the Buildings at the Project Land, the 13.4.5 The Promoter shall have finally identify identified and demarcate demarcated portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form forms part of the Common Areas. 11.4.4 The Owner/Promoter would convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Conveyance Deed

Common Areas Related. 11.4.1 11.7.1 The Buildings and the Project Designated Block shall contain certain Common Areas as specified in Section SECTION I of PART-IV of SCHEDULE A hereto and the Allottee shall have the right to use the said Common Areas in common with the Owners, the Promoter, the other Co-Owner of the said Designated Block and other persons as may be permitted by the Promoter. 11.7.2 The Project shall also contain certain Common Areas as specified in SECTION II of PART- IV of SCHEDULE A hereto and the Allottee shall have the right to use the said Common Areas in common with the Owners, the Promoter, the other Co-Owner of the Project and other persons as may be permitted by the Promoter. 11.7.3 The Commercial Block shall contain certain Common Areas as specified in SECTION III of PART-IV of the SCHEDULE A hereto which and in case the Unit agreed to be purchased hereunder by the Allottee forms part of the Commercial Block, then and only in that event the Allottee shall have the right to use the common areas forming part of the Commercial Block in common with the OwnerOwners, the Promoter and other Co-owners of the Project Commercial Block and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.7.4 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building Designated Block or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spaces including the Mechanical Parking System shall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.5 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.6 The OwnerOwners/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of the Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership Ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 11.3.1 The Buildings and the Project shall contain certain Common Areas as specified in Section I of the PART-IV of the SCHEDULE A D hereto which the Allottee shall have the right to use in common with the OwnerOwners, the Promoter and other Co-owners of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.3.2 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 11.3.3 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.3.4 The Owner/Assignor and the Promoter would convey assign proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale Assignment to be carried out in favour of the Association, then such sale Assignment shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance of Deed of Assignment in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership benefit of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Assignment Agreement

Common Areas Related. 11.4.1 11.7.1 The Buildings and the Project Designated Building shall contain certain Common Areas as specified in Section SECTION I of the PART-IV of the SCHEDULE A hereto which and the Allottee shall have the right to use the said Common Areas in common with the OwnerOwners, the Promoter Promoter, the other Co-owners of the said Designated Building and other persons as may be permitted by the Promoter. 11.7.2 The Project shall also contain certain Common Areas as specified in SECTION II of PART-IV of SCHEDULE A hereto and the Allottee shall have the right to use the said Common Areas in common with the Owners, the Promoter, the other Co-owners of the Project and other persons as may be permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.7.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Designated Building or the Project shall be claimed to be a part of the Common Areas by the Allottee either independently or in common with any other Co-ownerowner(s). In particular and without prejudice to the generality of the foregoing provisions of this clause, the parking spacesshall neither be nor be claimed to be a part of the Common Areas. 11.4.3 11.7.4 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.7.5 The OwnerOwners/Promoter would shall convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires require such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, Association to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance ofthe Sale Deed in respect of the said Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs required in order to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Sale Agreement

Common Areas Related. 11.4.1 The Buildings and the Project Building shall contain certain Common Areas as specified in Section I SECTION 1 of PART-IV of the SCHEDULE A hereto and which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the said Building and other persons permitted by the Promoter. 11.4.2 The Project shall also contain certain Common Areas as specified in SECTION 2 of PART-IV of the SCHEDULE A hereto which the Allottee shall have the right to use in common with the Owner, the Promoter and other Co-owners of the Project and other persons permitted by the Promoter. The Common Areas mentioned in Section II of PART-IV of SCHEDULE A shall be for use and enjoyment of the allottees of the Project and also of the allottees of the project at the Phase 1A Land and 1B Land in common with the Owner, the Promoter and other persons permitted by the Promoter including allottees of Future Phases or any of them as the Promoter may decide. 11.4.2 11.4.3 Save those expressed or intended by the Promoter to form part of the Common Areas, no other part or portion of the said Building or the Project shall be claimed to be part of the Common Areas by the Allottee either independently or in common with any other Co-owner. 11.4.3 11.4.4 Upon construction of the Buildings at the Project Land, the Promoter shall finally identify and demarcate portions to comprise in the common amenities and facilities in the Project including the driveway, pathway and passage, services and installations for common use and also such areas which are reserved for common parking and for any other use and the areas so identified shall form part of the Common Areas. 11.4.4 11.4.5 The Owner/Promoter would convey proportionate undivided indivisible share in the Common Areas in favour of the Allottee and if the laws for the time being in force otherwise requires such sale to be carried out in favour of the Association, then such sale shall be carried out in favour of the Association, to which the Allottee hereby agrees. If the formation of the Association does not take place prior to the agreed and/or prescribed date for execution or Conveyance Deed in respect of the Unit in favour of the Allottee, then the transfer of the share in the Common Areas may be completed in favour of the Allottee in trust and for the ultimate ownership of the Association and any related documentation and acts deeds and things shall be done by the Allottee and all stamp duty and other taxes, charges or costs to implement such transactions shall be borne and paid by the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

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