Compliance by the Allottee. The Allottee(s) or himself/themselves with intention to bring all persons into whosoever hands the Unit may come, hereby covenants with the Promoter and thereafter to the Organisation as follows :- (i) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances of the said Building and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. (ii) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter to the Allottee(s) and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee(s) committing any act in contravention of the above provision, the Allottee(s) shall be responsible and liable for the consequences thereof including to the concerned local authority and/or other public authority. (iii) Not to do or permit to be done any act or thing which may render void or voidable any insurance of Unit, Project, Larger Property or any part thereof or whereby any increased premium shall become payable in respect of the insurance. (iv) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Unit in the compound or any portion of the said Larger Property and the Building. (v) The Allottee(s) shall not use the said Unit in the manner, so as to cause blockade or hindrance to common passages, verandah or terraces. No common parts of the said Building will be used by the Allottee(s) for keeping / chaining pets / animals, dogs, birds or no storage of cycles, motorcycles, waste / refuse, nor the common passages shall be blocked in any manner. The Allottee(s) shall be responsible for the care, health, safety, security, well-being etc. of their pets (if any) and are forbidden to leave them in the common areas of the Building and the Project. (vi) The Allottee(s) shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter. The Allottee(s) shall sign and execute all other documents, agreements, etc. for the purpose of obtaining electricity, power back-up facility, etc. as and when required by the Promoter. (vii) That it is agreed and accepted by the Allottee(s) that upon creation / incorporation of the said Organisation, the common equipments pertaining to power back-up, etc. shall be transferred in favour of the said Organisation and that unless agreed the Promoter / Maintenance Agency shall thereafter be in no manner held responsible or liable for maintenance, upkeep, refurbishing or replacement of the same, as the liability of the Promoter is limited to installation of the said equipment sonly for the first time. (viii) The Allottee(s) agree/s not to fix or install air conditioners or heaters in the said Unit, save and except at the places which have been specified in the said Unit for the installation nor in any way disturb the external façade of the said Unit. (ix) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Unit is situated. (x) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Unit by the Allottee(s) for any purposes other than for purpose for which it is sold. (xi) The Allottee(s) shall not let, sub-let, transfer, assign or part with the interest or benefit of this Agreement or part with the possession of the Unit until all the dues payable by the Allottee(s) to the Promoter under this Agreement are fully paid up. (xii) The Allottee(s) shall observe and perform all the rules and regulations which the Organisation and Apex Organisation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Units therein and for the observance and performance of the building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee(s) shall also observe and perform all the stipulations and conditions laid down by the Organisation regarding the occupancy and use of the Unit in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. (xiii) Till a conveyance of the structure of the Building is executed in favour of the Organisation, the Allottee(s) shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Unit or Building or any part thereof to view and examine the state and condition thereof. (xiv) Till a conveyance of the said Larger Property on which the Building is executed in favour of Apex Organisation, the Allottee(s) shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Larger Property or any part thereof to view and examine the state and condition thereof. (xv) The Allottee(s) may obtain finance from any financial institution/bank or any other source for purchase of the said Unit at his/her/their/its cost and responsibility. The Allottee(s) confirms that such finance/ housing loan/ mortgage from financial institution/bank for payment of instalments of the Total Price as set out hereinabove may be availed on the basis that no right or interest of the Promoter under this Agreement is affected on account of finance being obtained by the Allottee(s). The Allottee(s)’ obligation to purchase the said Unit pursuant to this Agreement shall not be contingent on the Allottee(s)’ ability or competency to obtain such financing and the Allottee(s) will always remain bound under this Agreement. The Promoter shall not be responsible in any manner whatsoever if any bank/financial institution delays and/ or refuses to finance the said Unit on any ground or revokes the loan already granted. In case of any financing arrangement entered by the Allottee(s) with any financial institution with respect to the purchase of the said Unit, the Allottee(s) undertakes to direct such financial institution to, and shall ensure that such financial institution does disburse/pay all such consideration amounts due and payable to the Promoter through an account payee cheque/demand draft. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then the Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to the Promoter within stipulated time as per the Payment Schedule. (xvi) As a modality for obtaining finance, the Banks/Financial Institution may require the Promoter to give its no objection to enable a charge or mortgage of the said Unit. The Promoter agrees that it shall give such no objection without prejudice to its rights and a confirmation being given by the Bank/Financial Institution that right of recovery of its dues is subservient to the Promoter’s right for payment of consideration on sale of said Unit due from the Allottee(s) and that the Promoter shall be entitled to adopt all recourse available under this agreement and under law for recovery of the Promoter’s dues. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to Promoter within stipulated time as per the Payment Schedule. (xvii) It is mutually agreed between the Promoter and the Allottee(s) that the Promoter shall not be liable for repayment of loan amount or any part thereof availed by the Allottee(s). All costs associated with procurement of loan amount shall be borne by the Allottee(s) alone. (xviii) Notwithstanding any arrangement between the Allottee(s) and Bank/Financial Institution, if any amount, including but not limited to cess, levies, fees, deposits, outgoing and maintenance charges, property taxes, value added tax, service tax, local body tax, works contract tax etc., remains un-paid/outstanding at any stage then in that event the right of the Banks/Financial Institution shall remain subservient to the rights of the Promoter and the Promoter shall have the first charge on the said Unit and/or the Premises for the un-paid/outstanding amount including interest thereon. (xix) The Allottee(s) shall indemnify and keep indemnified the Promoter and its successors and assigns from and against all claims, costs, charges, expenses, damages and losses which the Promoter and its successors and assigns may suffer or incur by reason of any action that such Bank/Financial Institution may initiate on account of such loan or for the recovery of the loan amount or any part thereof or on account of any breach by the Allottee(s) of the terms and conditions governing the said loan in respect of the said Unit. (xx) The Allottee(s) agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Unit by the concerned authorities due to non-payment by the Allottee(s) or any other unit holder or owner of their respective proportion of the taxes / outgoings payable to the concerned authorities on account of default in making such payments. (xxi) The Allottee(s) hereby agree and undertake that he/she/they shall pay the insurance premium of the said Unit and proportionate area of the Project, from such date as intimated and instructed by the Promoter. (xxii) The Allottee(s) xxxxxx agrees and undertakes that he/she/they shall maintain and up- keep the said Unit, Building and the Project, so that Amenities may be well maintained. (xxiii) The Allottee(s) are aware that tiles and natural stone are susceptible to staining and variations in shade and shall not make the Promoter be held liable in any manner whatsoever, for the same. (xxiv) The Allottee(s) undertake/s to timely sign and execute all applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within such period as notified by the Promoter in writing, after paying registration fee/ charges, stamp duty and other charges/ expenses (as may be applicable). In case, the Allottee(s) fails or neglects execute and/ or register (if may be applicable) applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within the date notified, physical possession of the said Unit to Allottee(s) may be withheld by the Promoter and penalty if any shall be payable under the relevant laws for delay in such completion. The Promoter shall have the right to cancel the allotment/this Agreement in case the Allottee(s) fail/s to have the Agreement and/ or Sale Deed within sixty (60) days from the date notified to the Allottee(s). (xxv) The Allottee(s) is aware that the Promoter may, either by itself and/or its nominees/associates/affiliates also retain some portion or units in the Project which may be subject to different terms of use, including as a guest house or an unit for corporate use, as may be under the applicable laws and the Allottee(s) gives his unequivocal consent for the aforesaid. (xxvi) The Allottee(s) shall not sell, lease, let, sub-let, transfer, assign or part with the Allottee(s)’ interest or benefit under this Agreement or part with the possession of the Unit till the Date of Possession and all the amounts payable by the Allottee(s) under this booking are paid in full to the Promoter and the Allottee(s) is not in breach of any of the terms and conditions of this Application Form and/ or Agreement for Sale. Any sale/transfer of the Unit after this time shall require written approval from the Organization of unit owners (and till such time that the Organization is formed, the Company) and payment of administrative charges as communicated by the Promoter or Organisation (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines, bye laws and/or objectives of the Organization. Any document for sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer, without obtaining written approval of the Organization (and till such time that the Ultimate Organization is formed, the Company), shall not be valid and not binding on the Organisation and / or the Company, as the case may be. (xxvii) At any time after allotment of the Unit, administrative fees of Rs.25,000/- (Rupees Twenty Five Thousand only) [taxes extra] shall be payable in case such nomination / transfer is in favour of the spouse or child, parents or brother or sister of the either Allottee(s) and the Allottee(s) shall be solely responsible at their cost, for execution/ registration of such documents to effect such transfer post approval of the Promoter. However, for such transfer, the permission from both the Joint Allottee/s is mandatory, if any. The Allottee(s) shall not assign, transfer, lease, sell, alienate, gift or part with possession of the said Unit, without taking 'No Dues Certificate' from Promoter and/or the Maintenance Agency regarding the maintenance charges payable for the Services. (xxviii) The Allottee(s) is aware that the Owner is under obligation to get timely approvals for the development of the Project and Larger Property under the agreements. Further, the Allottee(s) is aware that in accordance with the recitals hereinabove and the terms and conditions of the agreements, the Promoter is under obligation to construct buildings on the Larger Property and sell and market the units constructed in the Larger Property. (xxix) The Allottee(s) is aware that the Promoter shall do all such acts, deeds and things, as may be necessary and expedient to complete the development, construction and conveyance and further facilitate the sale of the Larger Property. Further, that the Owner shall also be solely responsible and liable to keep the title documents and approvals valid and subsisting and shall solely be liable for any claims, losses and penalties arising out of such matters and in this regard. (xxx) The Allottee(s) is informed that the Promoter shall do all such acts, deeds and things and render all possible assistance to the Owner as may be necessary and expedient to facilitate the conveyance of the Larger Property.
Appears in 1 contract
Samples: Sale Agreement
Compliance by the Allottee. The Allottee(s) or himself/themselves with intention to bring all persons into whosoever hands the Unit may come, hereby covenants with the Promoter and thereafter to the Organisation as follows :-
(i) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances of the said Building and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach.
(ii) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter to the Allottee(s) and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee(s) committing any act in contravention of the above provision, the Allottee(s) shall be responsible and liable for the consequences thereof including to the concerned local authority and/or other public authority.
(iii) Not to do or permit to be done any act or thing which may render void or voidable any insurance of Unit, Project, Larger Property or any part thereof or whereby any increased premium shall become payable in respect of the insurance.
(iv) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Unit in the compound or any portion of the said Larger Property Project and the Building.
(v) The Allottee(s) shall not use the said Unit in the manner, so as to cause blockade or hindrance to common passages, verandah or terraces. No common parts of the said Building will be used by the Allottee(s) for keeping / chaining pets / animals, dogs, birds or no storage of cycles, motorcycles, waste / refuse, nor the common passages shall be blocked in any manner. The Allottee(s) shall be responsible for the care, health, safety, security, well-being etc. of their pets (if any) and are forbidden to leave them in the common areas of the Building and the Project.
(vi) The Allottee(s) shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter. The Allottee(s) shall sign and execute all other documents, agreements, etc. for the purpose of obtaining electricity, power back-up facility, etc. as and when required by the Promoter.
(vii) That it is agreed and accepted by the Allottee(s) that upon creation / incorporation of the said OrganisationAssociation, the common equipments pertaining to power back-up, etc. shall be transferred in favour of the said Organisation Association and that unless agreed the Promoter / Maintenance Agency shall thereafter be in no manner held responsible or liable for maintenance, upkeep, refurbishing or replacement of the same, as the liability of the Promoter is limited to installation of the said equipment sonly for the first time.
(viii) The Allottee(s) agree/s not to fix or install air conditioners or heaters in the said Unit, save and except at the places which have been specified in the said Unit for the installation nor in any way disturb the external façade of the said Unit.
(ix) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Unit is situated.
(x) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Unit by the Allottee(s) for any purposes other than for purpose for which it is sold.
(xi) The Allottee(s) shall not let, sub-let, transfer, assign or part with the interest or benefit of this Agreement or part with the possession of the Unit until all the dues payable by the Allottee(s) to the Promoter under this Agreement are fully paid upup and conveyance deed has been registered in favour of the Allottee(s).
(xii) The Allottee(s) shall observe and perform all the rules and regulations which the Organisation and Apex Organisation Association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Units therein and for the observance and performance of the building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee(s) shall also observe and perform all the stipulations and conditions laid down by the Organisation regarding the occupancy and use of the Unit in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement.
(xiii) Till a conveyance of the structure of the Building is executed in favour of the Organisation, the The Allottee(s) shall permit the Promoter and/or the Maintenance Agency and/or the Association and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Unit or Building or any part thereof to view and examine the state and condition thereof.
(xiv) Till a conveyance of the said Larger Property on which the Building is executed in favour of Apex Organisation, the Allottee(s) shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Larger Property or any part thereof to view and examine the state and condition thereof.
(xv) The Allottee(s) may obtain finance from any financial institution/bank or any other source for purchase of the said Unit at his/her/their/its cost and responsibility. The Allottee(s) confirms that such finance/ housing loan/ mortgage from financial institution/bank for payment of instalments of the Total Price as set out hereinabove may be availed on the basis that no right or interest of the Promoter under this Agreement is affected on account of finance being obtained by the Allottee(s). The Allottee(s)’ obligation to purchase the said Unit pursuant to this Agreement shall not be contingent on the Allottee(s)’ ability or competency to obtain such financing and the Allottee(s) will always remain bound under this Agreement. The Promoter shall not be responsible in any manner whatsoever if any bank/financial institution delays and/ or refuses to finance the said Unit on any ground or revokes the loan already granted. In case of any financing arrangement entered by the Allottee(s) with any financial institution with respect to the purchase of the said Unit, the Allottee(s) undertakes to direct such financial institution to, and shall ensure that such financial institution does disburse/pay all such consideration amounts due and payable to the Promoter through an account payee cheque/demand draft. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then the Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to the Promoter within stipulated time as per the Payment Schedule.
(xvi) As a modality for obtaining finance, the Banks/Financial Institution may require the Promoter to give its no objection to enable a charge or mortgage of the said Unit. The Promoter agrees that it shall give such no objection without prejudice to its rights and a confirmation being given by the Bank/Financial Institution that right of recovery of its dues is subservient to the Promoter’s right for payment of consideration on sale of said Unit due from the Allottee(s) and that the Promoter shall be entitled to adopt all recourse available under this agreement and under law for recovery of the Promoter’s dues. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to Promoter within stipulated time as per the Payment Schedule.
(xviixv) It is mutually agreed between the Promoter and the Allottee(s) that the Promoter shall not be liable for repayment of loan amount or any part thereof availed by the Allottee(s). All costs associated with procurement of loan amount shall be borne by the Allottee(s) alone.
(xviiixvi) Notwithstanding any arrangement between the Allottee(s) and Bank/Financial Institution, if any amount, including but not limited to cess, levies, fees, deposits, outgoing and maintenance charges, property taxes, value added tax, service tax, local body tax, works contract tax etc., remains un-paid/outstanding at any stage then in that event the right of the Banks/Financial Institution shall remain subservient to the rights of the Promoter and the Promoter shall have the first charge on the said Unit and/or the Premises for the un-paid/outstanding amount including interest thereon.
(xixxvii) The Allottee(s) shall indemnify and keep indemnified the Promoter and its successors and assigns from and against all claims, costs, charges, expenses, damages and losses which the Promoter and its successors and assigns may suffer or incur by reason of any action that such Bank/Financial Institution may initiate on account of such loan or for the recovery of the loan amount or any part thereof or on account of any breach by the Allottee(s) of the terms and conditions governing the said loan in respect of the said Unit.
(xxxviii) The Allottee(s) agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Unit by the concerned authorities due to non-payment by the Allottee(s) or any other unit holder or owner of their respective proportion of the taxes / outgoings payable to the concerned authorities on account of default in making such payments.
(xxi) The Allottee(s) hereby agree and undertake that he/she/they shall pay the insurance premium of the said Unit and proportionate area of the Project, from such date as intimated and instructed by the Promoter.
(xxiixix) The Allottee(s) xxxxxx agrees and undertakes that he/she/they shall maintain and up- keep the said Unit, Building and the Project, so that Amenities may be well maintained.
(xxiiixx) The Allottee(s) are aware that tiles and natural stone are susceptible to staining and variations in shade and shall not make the Promoter be held liable in any manner whatsoever, for the same.
(xxivxxi) The Allottee(s) undertake/s to timely sign and execute all applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within such period as notified by the Promoter in writing, after paying registration fee/ charges, stamp duty and other charges/ expenses (as may be applicable). In case, the Allottee(s) fails or neglects execute and/ or register (if may be applicable) applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within the date notified, physical possession of the said Unit to Allottee(s) may be withheld by the Promoter and penalty if any shall be payable under the relevant laws for delay in such completion. The Promoter shall have the right to cancel the allotment/this Agreement in case the Allottee(s) fail/s to have the Agreement and/ or Sale Deed Registered within sixty (60) days from the date notified to the Allottee(s).
(xxv) The Allottee(s) is aware that the Promoter may, either by itself and/or its nominees/associates/affiliates also retain some portion or units in the Project which may be subject to different terms of use, including as a guest house or an unit for corporate use, as may be under the applicable laws and the Allottee(s) gives his unequivocal consent for the aforesaid.
(xxvi) The Allottee(s) shall not sell, lease, let, sub-let, transfer, assign or part with the Allottee(s)’ interest or benefit under this Agreement or part with the possession of the Unit till the Date of Possession and all the amounts payable by the Allottee(s) under this booking are paid in full to the Promoter and the Allottee(s) is not in breach of any of the terms and conditions of this Application Form and/ or Agreement for Sale. Any sale/transfer of the Unit after this time shall require written approval from the Organization of unit owners (and till such time that the Organization is formed, the Company) and payment of administrative charges as communicated by the Promoter or Organisation (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines, bye laws and/or objectives of the Organization. Any document for sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer, without obtaining written approval of the Organization (and till such time that the Ultimate Organization is formed, the Company), shall not be valid and not binding on the Organisation and / or the Company, as the case may be.
(xxvii) At any time after allotment of the Unit, administrative fees of Rs.25,000/- (Rupees Twenty Five Thousand only) [taxes extra] shall be payable in case such nomination / transfer is in favour of the spouse or child, parents or brother or sister of the either Allottee(s) and the Allottee(s) shall be solely responsible at their cost, for execution/ registration of such documents to effect such transfer post approval of the Promoter. However, for such transfer, the permission from both the Joint Allottee/s is mandatory, if any. The Allottee(s) shall not assign, transfer, lease, sell, alienate, gift or part with possession of the said Unit, without taking 'No Dues Certificate' from Promoter and/or the Maintenance Agency regarding the maintenance charges payable for the Services.
(xxviii) The Allottee(s) is aware that the Owner is under obligation to get timely approvals for the development of the Project and Larger Property under the agreements. Further, the Allottee(s) is aware that in accordance with the recitals hereinabove and the terms and conditions of the agreements, the Promoter is under obligation to construct buildings on the Larger Property and sell and market the units constructed in the Larger Property.
(xxix) The Allottee(s) is aware that the Promoter shall do all such acts, deeds and things, as may be necessary and expedient to complete the development, construction and conveyance and further facilitate the sale of the Larger Property. Further, that the Owner shall also be solely responsible and liable to keep the title documents and approvals valid and subsisting and shall solely be liable for any claims, losses and penalties arising out of such matters and in this regard.
(xxx) The Allottee(s) is informed that the Promoter shall do all such acts, deeds and things and render all possible assistance to the Owner as may be necessary and expedient to facilitate the conveyance of the Larger Property.
Appears in 1 contract
Samples: Sale Agreement
Compliance by the Allottee. The Allottee(s) or himself/themselves with intention to bring all persons into whosoever hands the Unit may come, hereby covenants with the Promoter and thereafter to the Organisation as follows :-
(i) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances of the said Building and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach.
(ii) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter to the Allottee(s) and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee(s) committing any act in contravention of the above provision, the Allottee(s) shall be responsible and liable for the consequences thereof including to the concerned local authority and/or other public authority.
(iii) Not to do or permit to be done any act or thing which may render void or voidable any insurance of Unit, Project, Larger Property or any part thereof or whereby any increased premium shall become payable in respect of the insurance.
(iv) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Unit in the compound or any portion of the said Larger Property Project and the Building.
(v) The Allottee(s) shall not use the said Unit in the manner, so as to cause blockade or hindrance to common passages, verandah or terraces. No common parts of the said Building will be used by the Allottee(s) for keeping / chaining pets / animals, dogs, birds or no storage of cycles, motorcycles, waste / refuse, nor the common passages shall be blocked in any manner. The Allottee(s) shall be responsible for the care, health, safety, security, well-being etc. of their pets (if any) and are forbidden to leave them in the common areas of the Building and the Project.
(vi) The Allottee(s) shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter. The Allottee(s) shall sign and execute all other documents, agreements, etc. for the purpose of obtaining electricity, power back-up facility, etc. as and when required by the Promoter.
(vii) That it is agreed and accepted by the Allottee(s) that upon creation / incorporation of the said OrganisationAssociation, the common equipments pertaining to power back-up, etc. shall be transferred in favour of the said Organisation Association and that unless agreed the Promoter / Maintenance Agency shall thereafter be in no manner held responsible or liable for maintenance, upkeep, refurbishing or replacement of the same, as the liability of the Promoter is limited to installation of the said equipment sonly for the first time.
(viii) The Allottee(s) agree/s not to fix or install air conditioners or heaters in the said Unit, save and except at the places which have been specified in the said Unit for the installation nor in any way disturb the external façade of the said Unit.
(ix) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Unit is situated.
(x) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Unit by the Allottee(s) for any purposes other than for purpose for which it is sold.
(xi) The Allottee(s) shall not let, sub-let, transfer, assign or part with the interest or benefit of this Agreement or part with the possession of the Unit until all the dues payable by the Allottee(s) to the Promoter under this Agreement are fully paid upup and conveyance deed has been registered in favour of the Allottee(s).
(xii) The Allottee(s) shall observe and perform all the rules and regulations which the Organisation and Apex Organisation Association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Units therein and for the observance and performance of the building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee(s) shall also observe and perform all the stipulations and conditions laid down by the Organisation regarding the occupancy and use of the Unit in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement.
(xiii) Till a conveyance of the structure of the Building is executed in favour of the Organisation, the The Allottee(s) shall permit the Promoter and/or the Maintenance Agency and/or the Association and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Unit or Building or any part thereof to view and examine the state and condition thereof.
(xiv) Till a conveyance of the said Larger Property on which the Building is executed in favour of Apex Organisation, the Allottee(s) shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Larger Property or any part thereof to view and examine the state and condition thereof.
(xv) The Allottee(s) may obtain finance from any financial institution/bank or any other source for purchase of the said Unit at his/her/their/its cost and responsibility. The Allottee(s) confirms that such finance/ housing loan/ mortgage from financial institution/bank for payment of instalments of the Total Price as set out hereinabove may be availed on the basis that no right or interest of the Promoter under this Agreement is affected on account of finance being obtained by the Allottee(s). The Allottee(s)’ obligation to purchase the said Unit pursuant to this Agreement shall not be contingent on the Allottee(s)’ ability or competency to obtain such financing and the Allottee(s) will always remain bound under this Agreement. The Promoter shall not be responsible in any manner whatsoever if any bank/financial institution delays and/ or refuses to finance the said Unit on any ground or revokes the loan already granted. In case of any financing arrangement entered by the Allottee(s) with any financial institution with respect to the purchase of the said Unit, the Allottee(s) undertakes to direct such financial institution to, and shall ensure that such financial institution does disburse/pay all such consideration amounts due and payable to the Promoter through an account payee cheque/demand draft. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then the Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to the Promoter within stipulated time as per the Payment Schedule.
(xvi) As a modality for obtaining finance, the Banks/Financial Institution may require the Promoter to give its no objection to enable a charge or mortgage of the said Unit. The Promoter agrees that it shall give such no objection without prejudice to its rights and a confirmation being given by the Bank/Financial Institution that right of recovery of its dues is subservient to the Promoter’s right for payment of consideration on sale of said Unit due from the Allottee(s) and that the Promoter shall be entitled to adopt all recourse available under this agreement and under law for recovery of the Promoter’s dues. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to Promoter within stipulated time as per the Payment Schedule.
(xviixv) It is mutually agreed between the Promoter and the Allottee(s) that the Promoter shall not be liable for repayment of loan amount or any part thereof availed by the Allottee(s). All costs associated with procurement of loan amount shall be borne by the Allottee(s) alone.
(xviiixvi) Notwithstanding any arrangement between the Allottee(s) and Bank/Financial Institution, if any amount, including but not limited to cess, levies, fees, deposits, outgoing and maintenance charges, property taxes, value added tax, service tax, local body tax, works contract tax etc., remains un-paid/outstanding at any stage then in that event the right of the Banks/Financial Institution shall remain subservient to the rights of the Promoter and the Promoter shall have the first charge on the said Unit and/or the Premises for the un-paid/outstanding amount including interest thereon.
(xixxvii) The Allottee(s) shall indemnify and keep indemnified the Promoter and its successors and assigns from and against all claims, costs, charges, expenses, damages and losses which the Promoter and its successors and assigns may suffer or incur by reason of any action that such Bank/Financial Institution may initiate on account of such loan or for the recovery of the loan amount or any part thereof or on account of any breach by the Allottee(s) of the terms and conditions governing the said loan in respect of the said Unit.
(xxxviii) The Allottee(s) agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Unit by the concerned authorities due to non-payment by the Allottee(s) or any other unit holder or owner of their respective proportion of the taxes / outgoings payable to the concerned authorities on account of default in making such payments.
(xxi) The Allottee(s) hereby agree and undertake that he/she/they shall pay the insurance premium of the said Unit and proportionate area of the Project, from such date as intimated and instructed by the Promoter.
(xxiixix) The Allottee(s) xxxxxx agrees and undertakes that he/she/they shall maintain and up- up-keep the said Unit, Building and the Project, so that Amenities may be well maintained.
(xxiiixx) The Allottee(s) are aware that tiles and natural stone are susceptible to staining and variations in shade and shall not make the Promoter be held liable in any manner whatsoever, for the same.
(xxivxxi) The Allottee(s) undertake/s to timely sign and execute all applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within such period as notified by the Promoter in writing, after paying registration fee/ charges, stamp duty and other charges/ expenses (as may be applicable). In case, the Allottee(s) fails or neglects execute and/ or register (if may be applicable) applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within the date notified, physical possession of the said Unit to Allottee(s) may be withheld by the Promoter and penalty if any shall be payable under the relevant laws for delay in such completion. The Promoter shall have the right to cancel the allotment/this Agreement in case the Allottee(s) fail/s to have the Agreement and/ or Sale Deed Registered within sixty (60) days from the date notified to the Allottee(s).
(xxv) The Allottee(s) is aware that the Promoter may, either by itself and/or its nominees/associates/affiliates also retain some portion or units in the Project which may be subject to different terms of use, including as a guest house or an unit for corporate use, as may be under the applicable laws and the Allottee(s) gives his unequivocal consent for the aforesaid.
(xxvi) The Allottee(s) shall not sell, lease, let, sub-let, transfer, assign or part with the Allottee(s)’ interest or benefit under this Agreement or part with the possession of the Unit till the Date of Possession and all the amounts payable by the Allottee(s) under this booking are paid in full to the Promoter and the Allottee(s) is not in breach of any of the terms and conditions of this Application Form and/ or Agreement for Sale. Any sale/transfer of the Unit after this time shall require written approval from the Organization of unit owners (and till such time that the Organization is formed, the Company) and payment of administrative charges as communicated by the Promoter or Organisation (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines, bye laws and/or objectives of the Organization. Any document for sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer, without obtaining written approval of the Organization (and till such time that the Ultimate Organization is formed, the Company), shall not be valid and not binding on the Organisation and / or the Company, as the case may be.
(xxvii) At any time after allotment of the Unit, administrative fees of Rs.25,000/- (Rupees Twenty Five Thousand only) [taxes extra] shall be payable in case such nomination / transfer is in favour of the spouse or child, parents or brother or sister of the either Allottee(s) and the Allottee(s) shall be solely responsible at their cost, for execution/ registration of such documents to effect such transfer post approval of the Promoter. However, for such transfer, the permission from both the Joint Allottee/s is mandatory, if any. The Allottee(s) shall not assign, transfer, lease, sell, alienate, gift or part with possession of the said Unit, without taking 'No Dues Certificate' from Promoter and/or the Maintenance Agency regarding the maintenance charges payable for the Services.
(xxviii) The Allottee(s) is aware that the Owner is under obligation to get timely approvals for the development of the Project and Larger Property under the agreements. Further, the Allottee(s) is aware that in accordance with the recitals hereinabove and the terms and conditions of the agreements, the Promoter is under obligation to construct buildings on the Larger Property and sell and market the units constructed in the Larger Property.
(xxix) The Allottee(s) is aware that the Promoter shall do all such acts, deeds and things, as may be necessary and expedient to complete the development, construction and conveyance and further facilitate the sale of the Larger Property. Further, that the Owner shall also be solely responsible and liable to keep the title documents and approvals valid and subsisting and shall solely be liable for any claims, losses and penalties arising out of such matters and in this regard.
(xxx) The Allottee(s) is informed that the Promoter shall do all such acts, deeds and things and render all possible assistance to the Owner as may be necessary and expedient to facilitate the conveyance of the Larger Property.
Appears in 1 contract
Samples: Sale Agreement
Compliance by the Allottee. The Allottee(s) or himself/themselves with intention to bring all persons into whosoever hands the Unit may come, hereby covenants with the Promoter and thereafter to the Organisation as follows :-
(i) To maintain the Unit at the Allottee's own cost in good and tenantable repair and condition from the date of offer of possession of the Unit and shall not do or suffer to be done anything in or to the building in which the Unit is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Unit is situated and the Unit itself or any part thereof without the consent of the local authorities, if required.
(ii) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances of the said Building and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach.
(iiiii) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter to the Allottee(s) and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee(s) committing any act in contravention of the above provision, the Allottee(s) shall be responsible and liable for the consequences thereof including to the concerned local authority and/or other public authority.
(iiiiv) Not to demolish or cause to be demolished the Unit or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Unit or any part thereof, nor any alteration in the elevation and outside colour scheme of the said Building and shall keep the portion, sewers, drains and pipes in the Unit and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the Building and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Unit without the prior written permission of the Promoter and/or the Organisation.
(v) Not to do or permit to be done any act or thing which may render void or voidable any insurance of Unit, Project, Larger Property or any part thereof or whereby any increased premium shall become payable in respect of the insurance.
(ivvi) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Unit in the compound or any portion of the said Larger Property and the Building.
(vvii) The Allottee(s) shall not use the said Unit in the manner, so as to cause blockade or hindrance to common passages, verandah or terraces. No common parts of the said Building will be used by the Allottee(s) for keeping / chaining pets / animals, dogs, birds or no storage of cycles, motorcycles, waste / refuse, nor the common passages shall be blocked in any manner. The Allottee(s) shall be responsible for the care, health, safety, security, well-being etc. of their pets (if any) and are forbidden to leave them in the common areas of the Building and the Project.
(viviii) The Allottee(s) shall plan and distribute its electrical load in conformity with the electrical systems installed by the Promoter. The Allottee(s) shall sign and execute all other documents, agreements, etc. for the purpose of obtaining electricity, power back-up facility, etc. as and when required by the Promoter.
(viiix) That it is agreed and accepted by the Allottee(s) that upon creation / incorporation of the said Organisation, the common equipments pertaining to power back-up, etc. shall be transferred in favour of the said Organisation and that unless agreed the Promoter / Maintenance Agency shall thereafter be in no manner held responsible or liable for maintenance, upkeep, refurbishing or replacement of the same, as the liability of the Promoter is limited to installation of the said equipment sonly for the first time.
(viiix) The Allottee(s) agree/s not to fix or install air conditioners or heaters in the said Unit, save and except at the places which have been specified in the said Unit for the installation nor in any way disturb the external façade of the said Unit.
(ixxi) The Allottee(s) agree/s not to fix or install any window antenna on the roof or terrace or external façade of the said Building except by the prior sanction of the Promoter and/or Maintenance Agency and/or the said Organisation and at places earmarked by the Promoter.
(xii) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Unit is situated.
(xxiii) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Unit by the Allottee(s) for any purposes other than for purpose for which it is sold.
(xixiv) The Allottee(s) shall not let, sub-let, transfer, assign or part with the interest or benefit of this Agreement or part with the possession of the Unit until all the dues payable by the Allottee(s) to the Promoter under this Agreement are fully paid up.
(xiixv) The Allottee(s) shall observe and perform all the rules and regulations which the Organisation and Apex Organisation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Units therein and for the observance and performance of the building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee(s) shall also observe and perform all the stipulations and conditions laid down by the Organisation regarding the occupancy and use of the Unit in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement.
(xiiixvi) Till a conveyance of the structure of the Building is executed in favour of the Organisation, the Allottee(s) shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Unit or Building or any part thereof to view and examine the state and condition thereof.
(xivxvii) Till a conveyance of the said Larger Property on which the Building is executed in favour of Apex Organisation, the Allottee(s) shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Larger Property or any part thereof to view and examine the state and condition thereof.
(xvxviii) The Allottee(s) may obtain finance from any financial institution/bank or any other source for purchase of the said Unit at his/her/their/its cost and responsibility. The Allottee(s) confirms that such finance/ housing loan/ mortgage from financial institution/bank for payment of instalments of the Total Price as set out hereinabove may be availed on the basis that no right or interest of the Promoter under this Agreement is affected on account of finance being obtained by the Allottee(s). The Allottee(s)’ obligation to purchase the said Unit pursuant to this Agreement shall not be contingent on the Allottee(s)’ ability or competency to obtain such financing and the Allottee(s) will always remain bound under this Agreement. The Promoter shall not be responsible in any manner whatsoever if any bank/financial institution delays and/ or refuses to finance the said Unit on any ground or revokes the loan already granted. In case of any financing arrangement entered by the Allottee(s) with any financial institution with respect to the purchase of the said Unit, the Allottee(s) undertakes to direct such financial institution to, and shall ensure that such financial institution does disburse/pay all such consideration amounts due and payable to the Promoter through an account payee cheque/demand draft. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then the Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to the Promoter within stipulated time as per the Payment Schedule.
(xvixix) As a modality for obtaining finance, the Banks/Financial Institution may require the Promoter to give its no objection to enable a charge or mortgage of the said Unit. The Promoter agrees that it shall give such no objection without prejudice to its rights and a confirmation being given by the Bank/Financial Institution that right of recovery of its dues is subservient to the Promoter’s right for payment of consideration on sale of said Unit due from the Allottee(s) and that the Promoter shall be entitled to adopt all recourse available under this agreement and under law for recovery of the Promoter’s dues. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to Promoter within stipulated time as per the Payment Schedule.
(xviixx) It is mutually agreed between the Promoter and the Allottee(s) that the Promoter shall not be liable for repayment of loan amount or any part thereof availed by the Allottee(s). All costs associated with procurement of loan amount shall be borne by the Allottee(s) alone.
(xviiixxi) Notwithstanding any arrangement between the Allottee(s) and Bank/Financial Institution, if any amount, including but not limited to cess, levies, fees, deposits, outgoing and maintenance charges, property taxes, value added tax, service tax, local body tax, works contract tax etc., remains un-paid/outstanding at any stage then in that event the right of the Banks/Financial Institution shall remain subservient to the rights of the Promoter and the Promoter shall have the first charge on the said Unit and/or the Premises for the un-paid/outstanding amount including interest thereon.
(xixxxii) The Allottee(s) shall indemnify and keep indemnified the Promoter and its successors and assigns from and against all claims, costs, charges, expenses, damages and losses which the Promoter and its successors and assigns may suffer or incur by reason of any action that such Bank/Financial Institution may initiate on account of such loan or for the recovery of the loan amount or any part thereof or on account of any breach by the Allottee(s) of the terms and conditions governing the said loan in respect of the said Unit.
(xxxxiii) The Allottee(s) agrees and undertakes that the Promoter shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Unit by the concerned authorities due to non-payment by the Allottee(s) or any other unit holder or owner of their respective proportion of the taxes / outgoings payable to the concerned authorities on account of default in making such payments.
(xxixxiv) The Allottee(s) hereby agree and undertake that he/she/they shall pay the insurance premium of the said Unit and proportionate area of the Project, from such date as intimated and instructed by the Promoter.
(xxiixxv) The Allottee(s) xxxxxx hereby agrees and undertakes that he/she/they shall maintain and up- keep the said Unit, Building and the Project, so that Amenities may be well maintained.
(xxiiixxvi) The Allottee(s) are aware that tiles and natural stone are susceptible to staining and variations in shade and shall not make the Promoter be held liable in any manner whatsoever, for the same.
(xxivxxvii) The Allottee(s) undertake/s to timely sign and execute all applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within such period as notified by the Promoter in writing, after paying registration fee/ charges, stamp duty and other charges/ expenses (as may be applicable). In case, the Allottee(s) fails or neglects execute and/ or register (if may be applicable) applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within the date notified, physical possession of the said Unit to Allottee(s) may be withheld by the Promoter and penalty if any shall be payable under the relevant laws for delay in such completion. The Promoter shall have the right to cancel the allotment/this Agreement in case the Allottee(s) fail/s to have the Agreement and/ or Sale Deed within sixty (60) days from the date notified to the Allottee(s).
(xxvxxviii) The Allottee(s) is aware that the Promoter may, either by itself and/or its nominees/associates/affiliates also retain some portion or units in the Project which may be subject to different terms of use, including as a guest house or an unit for corporate use, as may be under the applicable laws and the Allottee(s) gives his unequivocal consent for the aforesaid.
(xxvixxix) The Allottee(s) shall not sell, lease, let, sub-let, transfer, assign or part with the Allottee(s)’ interest or benefit under this Agreement or part with the possession of the Unit till the Date of Possession and all the amounts payable by the Allottee(s) under this booking are paid in full to the Promoter and the Allottee(s) is not in breach of any of the terms and conditions of this Application Form and/ or Agreement for Sale. Any sale/transfer of the Unit after this time shall require written approval from the Organization of unit owners (and till such time that the Organization is formed, the Company) and payment of administrative charges as communicated by the Promoter or Organisation (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines, bye laws and/or objectives of the Organization. Any document for sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer, without obtaining written approval of the Organization (and till such time that the Ultimate Organization is formed, the Company), shall not be valid and not binding on the Organisation and / or the Company, as the case may be.
(xxviixxx) At any time after allotment of the Unit, administrative fees of Rs.25,000/- (Rupees Twenty Five Thousand only) [taxes extra] shall be payable in case such nomination / transfer is in favour of the spouse or child, parents or brother or sister of the either Allottee(s) and the Allottee(s) shall be solely responsible at their cost, for execution/ registration of such documents to effect such transfer post approval of the Promoter. However, for such transfer, the permission from both the Joint Allottee/s is mandatory, if any. The Allottee(s) shall not assign, transfer, lease, sell, alienate, gift or part with possession of the said Unit, without taking 'No Dues Certificate' from Promoter and/or the Maintenance Agency regarding the maintenance charges payable for the Services.
(xxviii) The Allottee(s) is aware that the Owner is under obligation to get timely approvals for the development of the Project and Larger Property under the agreements. Further, the Allottee(s) is aware that in accordance with the recitals hereinabove and the terms and conditions of the agreements, the Promoter is under obligation to construct buildings on the Larger Property and sell and market the units constructed in the Larger Property.
(xxix) The Allottee(s) is aware that the Promoter shall do all such acts, deeds and things, as may be necessary and expedient to complete the development, construction and conveyance and further facilitate the sale of the Larger Property. Further, that the Owner shall also be solely responsible and liable to keep the title documents and approvals valid and subsisting and shall solely be liable for any claims, losses and penalties arising out of such matters and in this regard.
(xxx) The Allottee(s) is informed that the Promoter shall do all such acts, deeds and things and render all possible assistance to the Owner as may be necessary and expedient to facilitate the conveyance of the Larger Property.
Appears in 1 contract
Samples: Sale Agreement
Compliance by the Allottee. The Allottee(s) or himself/themselves with intention to bring all persons into whosoever hands the Unit may come, hereby covenants with the Promoter Owner and thereafter to the Organisation as follows :-
(i) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature or are so heavy as to damage the construction or structure of the building in which the Unit is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Unit is situated, including entrances of the said Building and in case any damage is caused to the building in which the Unit is situated or the Unit on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach.
(ii) To carry out at his own cost all internal repairs to the said Unit and maintain the Unit in the same condition, state and order in which it was delivered by the Promoter Owner to the Allottee(s) and shall not do or suffer to be done anything in or to the building in which the Unit is situated or the Unit which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee(s) committing any act in contravention of the above provision, the Allottee(s) shall be responsible and liable for the consequences thereof including to the concerned local authority and/or other public authority.
(iii) Not to do or permit to be done any act or thing which may render void or voidable any insurance of Unit, Project, Larger Property or any part thereof or whereby any increased premium shall become payable in respect of the insurance.
(iv) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Unit in the compound or any portion of the said Larger Property Project and the Building.
(v) The Allottee(s) shall not use the said Unit in the manner, so as to cause blockade or hindrance to common passages, verandah or terraces. No common parts of the said Building will be used by the Allottee(s) for keeping / chaining pets / animals, dogs, birds or no storage of cycles, motorcycles, waste / refuse, nor the common passages shall be blocked in any manner. The Allottee(s) shall be responsible for the care, health, safety, security, well-being etc. of their pets (if any) and are forbidden to leave them in the common areas of the Building and the Project.
(vi) The Allottee(s) shall plan and distribute its electrical load in conformity with the electrical systems installed by the PromoterOwner. The Allottee(s) shall sign and execute all other documents, agreements, etc. for the purpose of obtaining electricity, power back-up facility, etc. as and when required by the PromoterOwner.
(vii) That it is agreed and accepted by the Allottee(s) that upon creation / incorporation of the said OrganisationAssociation, the common equipments pertaining to power back-up, etc. shall be transferred in favour of the said Organisation Association and that unless agreed the Promoter Owner / Maintenance Agency shall thereafter be in no manner held responsible or liable for maintenance, upkeep, refurbishing or replacement of the same, as the liability of the Promoter Owner is limited to installation of the said equipment sonly for the first time.
(viii) The Allottee(s) agree/s not to fix or install air conditioners or heaters in the said Unit, save and except at the places which have been specified in the said Unit for the installation nor in any way disturb the external façade of the said Unit.
(ix) Pay to the Promoter Owner within fifteen days of demand by the PromoterOwner, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Unit is situated.
(x) To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Unit by the Allottee(s) for any purposes other than for purpose for which it is sold.
(xi) The Allottee(s) shall not let, sub-let, transfer, assign or part with the interest or benefit of this Agreement or part with the possession of the Unit until all the dues payable by the Allottee(s) to the Promoter Owner under this Agreement are fully paid upup and conveyance deed has been registered in favour of the Allottee(s).
(xii) The Allottee(s) shall observe and perform all the rules and regulations which the Organisation and Apex Organisation Association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Units therein and for the observance and performance of the building rules, regulations and bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee(s) shall also observe and perform all the stipulations and conditions laid down by the Organisation regarding the occupancy and use of the Unit in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement.
(xiii) Till a conveyance of the structure of the Building is executed in favour of the Organisation, the The Allottee(s) shall permit the Promoter Owner and/or the Maintenance Agency and/or the Association and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Unit or Building or any part thereof to view and examine the state and condition thereof.
(xiv) Till a conveyance of the said Larger Property on which the Building is executed in favour of Apex Organisation, the Allottee(s) shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said Larger Property or any part thereof to view and examine the state and condition thereof.
(xv) The Allottee(s) may obtain finance from any financial institution/bank or any other source for purchase of the said Unit at his/her/their/its cost and responsibility. The Allottee(s) confirms that such finance/ housing loan/ mortgage from financial institution/bank for payment of instalments of the Total Price as set out hereinabove may be availed on the basis that no right or interest of the Promoter Owner under this Agreement is affected on account of finance being obtained by the Allottee(s). The Allottee(s)’ obligation to purchase the said Unit pursuant to this Agreement shall not be contingent on the Allottee(s)’ ability or competency to obtain such financing and the Allottee(s) will always remain bound under this Agreement. The Promoter Owner shall not be responsible in any manner whatsoever if any bank/financial institution delays and/ or refuses to finance the said Unit on any ground or revokes the loan already granted. In case of any financing arrangement entered by the Allottee(s) with any financial institution with respect to the purchase of the said Unit, the Allottee(s) undertakes to direct such financial institution to, and shall ensure that such financial institution does disburse/pay all such consideration amounts due and payable to the Promoter Owner through an account payee cheque/demand draft. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then the Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to the Promoter Owner within stipulated time as per the Payment Schedule.
(xvi) As a modality for obtaining finance, the Banks/Financial Institution may require the Promoter to give its no objection to enable a charge or mortgage of the said Unit. The Promoter agrees that it shall give such no objection without prejudice to its rights and a confirmation being given by the Bank/Financial Institution that right of recovery of its dues is subservient to the Promoter’s right for payment of consideration on sale of said Unit due from the Allottee(s) and that the Promoter shall be entitled to adopt all recourse available under this agreement and under law for recovery of the Promoter’s dues. Further, if any bank / financial institution refuses/ makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments / dues to Promoter within stipulated time as per the Payment Schedule.
(xviixv) It is mutually agreed between the Promoter Owner and the Allottee(s) that the Promoter Owner shall not be liable for repayment of loan amount or any part thereof availed by the Allottee(s). All costs associated with procurement of loan amount shall be borne by the Allottee(s) alone.
(xviiixvi) Notwithstanding any arrangement between the Allottee(s) and Bank/Financial Institution, if any amount, including but not limited to cess, levies, fees, deposits, outgoing and maintenance charges, property taxes, value added tax, service tax, local body tax, works contract tax etc., remains un-paid/outstanding at any stage then in that event the right of the Banks/Financial Institution shall remain subservient to the rights of the Promoter Owner and the Promoter Owner shall have the first charge on the said Unit and/or the Premises for the un-paid/outstanding amount including interest thereon.
(xixxvii) The Allottee(s) shall indemnify and keep indemnified the Promoter Owner and its successors and assigns from and against all claims, costs, charges, expenses, damages and losses which the Promoter Owner and its successors and assigns may suffer or incur by reason of any action that such Bank/Financial Institution may initiate on account of such loan or for the recovery of the loan amount or any part thereof or on account of any breach by the Allottee(s) of the terms and conditions governing the said loan in respect of the said Unit.
(xxxviii) The Allottee(s) agrees and undertakes that the Promoter Owner shall not be responsible in any manner whatsoever in case of any attachment or other proceedings that may be made or taken in respect of the Unit by the concerned authorities due to non-non- payment by the Allottee(s) or any other unit holder or owner of their respective proportion of the taxes / outgoings payable to the concerned authorities on account of default in making such payments.
(xxi) The Allottee(s) hereby agree and undertake that he/she/they shall pay the insurance premium of the said Unit and proportionate area of the Project, from such date as intimated and instructed by the Promoter.
(xxiixix) The Allottee(s) xxxxxx agrees and undertakes that he/she/they shall maintain and up- up-keep the said Unit, Building and the Project, so that Amenities may be well maintained.
(xxiiixx) The Allottee(s) are aware that tiles and natural stone are susceptible to staining and variations in shade and shall not make the Promoter Owner be held liable in any manner whatsoever, for the same.
(xxivxxi) The Allottee(s) undertake/s to timely sign and execute all applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within such period as notified by the Promoter Owner in writing, after paying registration fee/ charges, stamp duty and other charges/ expenses (as may be applicable). In case, the Allottee(s) fails or neglects execute and/ or register (if may be applicable) applications, papers, documents, undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant papers within the date notified, physical possession of the said Unit to Allottee(s) may be withheld by the Promoter Owner and penalty if any shall be payable under the relevant laws for delay in such completion. The Promoter Owner shall have the right to cancel the allotment/this Agreement in case the Allottee(s) fail/s to have the Agreement and/ or Sale Deed Registered within sixty (60) days from the date notified to the Allottee(s).
(xxv) The Allottee(s) is aware that the Promoter may, either by itself and/or its nominees/associates/affiliates also retain some portion or units in the Project which may be subject to different terms of use, including as a guest house or an unit for corporate use, as may be under the applicable laws and the Allottee(s) gives his unequivocal consent for the aforesaid.
(xxvi) The Allottee(s) shall not sell, lease, let, sub-let, transfer, assign or part with the Allottee(s)’ interest or benefit under this Agreement or part with the possession of the Unit till the Date of Possession and all the amounts payable by the Allottee(s) under this booking are paid in full to the Promoter and the Allottee(s) is not in breach of any of the terms and conditions of this Application Form and/ or Agreement for Sale. Any sale/transfer of the Unit after this time shall require written approval from the Organization of unit owners (and till such time that the Organization is formed, the Company) and payment of administrative charges as communicated by the Promoter or Organisation (as the case may be) to ensure that the inherent nature of the Project is not compromised by bringing in any member or resident who does not subscribe to the guidelines, bye laws and/or objectives of the Organization. Any document for sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer, without obtaining written approval of the Organization (and till such time that the Ultimate Organization is formed, the Company), shall not be valid and not binding on the Organisation and / or the Company, as the case may be.
(xxvii) At any time after allotment of the Unit, administrative fees of Rs.25,000/- (Rupees Twenty Five Thousand only) [taxes extra] shall be payable in case such nomination / transfer is in favour of the spouse or child, parents or brother or sister of the either Allottee(s) and the Allottee(s) shall be solely responsible at their cost, for execution/ registration of such documents to effect such transfer post approval of the Promoter. However, for such transfer, the permission from both the Joint Allottee/s is mandatory, if any. The Allottee(s) shall not assign, transfer, lease, sell, alienate, gift or part with possession of the said Unit, without taking 'No Dues Certificate' from Promoter and/or the Maintenance Agency regarding the maintenance charges payable for the Services.
(xxviii) The Allottee(s) is aware that the Owner is under obligation to get timely approvals for the development of the Project and Larger Property under the agreements. Further, the Allottee(s) is aware that in accordance with the recitals hereinabove and the terms and conditions of the agreements, the Promoter is under obligation to construct buildings on the Larger Property and sell and market the units constructed in the Larger Property.
(xxix) The Allottee(s) is aware that the Promoter shall do all such acts, deeds and things, as may be necessary and expedient to complete the development, construction and conveyance and further facilitate the sale of the Larger Property. Further, that the Owner shall also be solely responsible and liable to keep the title documents and approvals valid and subsisting and shall solely be liable for any claims, losses and penalties arising out of such matters and in this regard.
(xxx) The Allottee(s) is informed that the Promoter shall do all such acts, deeds and things and render all possible assistance to the Owner as may be necessary and expedient to facilitate the conveyance of the Larger Property.
Appears in 1 contract
Samples: Sale Agreement
