CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Developer, on receipt of total the Completion Certificate will call upon the Allottee to make payment of balance of the Total Price and other amounts agreed to be paid by the Allottee under or pursuant to this Agreement and to get the Deed of Conveyance of the said Apartment registered in his name within 3 (three) months of the Project Completion Date. The Developer shall on receipt of the Total Price of the Apartment as per para 1.2 under the of this Agreement from the Allottee Allottee, cause the Deed of Conveyance to be executed by the Owner and other amounts elsewhere herein mentioned, shall execute a conveyance deed itself and convey the title of the said Apartment together with proportionate indivisible share in right to use the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed Common Areas in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionAllottee. However, in case the Allottee has taken possession of the said Apartment but fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the noticenotice so as to enable the Owner and the Developer to have the Deed of Conveyance of the said Apartment registered in his favour, the Allottee authorized Owner and the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration Developer shall be entitled to the account of proceed against the Allottee in accordance with the applicable law and the Allottee shall agrees to indemnify and keep the Promoter saved Owner and the Developer saved, harmless and indemnified of from and against all losses damages costs claims administrative charges, actions, suits, proceedings, costs, claims, demands suffered and damages, which the Owner and/or the Developer may suffer or incurred be put to likely due to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit such inaction and/or default of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Allottee.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from Developer shall prepare and execute through its authorized signatory along with the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and to convey the title of the said Apartment together with proportionate indivisible share in favour of Allottee but only after receiving full payment of the total price of the Apartment and the parking space, if any, allotted to him/her and payment of all securities including maintenance security deposits and charges for bulk supply of electrical energy, interest, penal interest etc. on delayed installments, stamp duty, registration charges, incidental expenses for registration, legal expenses for registration and all other dues as set forth in this Agreement or as demanded by the Developer from time to time prior to the execution of the Conveyance Deed. If the Allottee is in default of any of the payments as set forth in this Agreement then the Allottee authorizes the Developer to withhold registration of the Conveyance Deed in his/her favour till full and final settlement of all dues to the Developer is made by the Allottee at his/ her risk and cost. The Allottee undertakes to execute the Conveyance Deed within the time stipulated by the Developer in its written notice failing which the Allottee authorizes the Developer to cancel the allotment and terminate this Agreement and to forfeit out of the amounts paid by him/ her the xxxxxxx money, interest on delayed payments, any brokerage paid, due or payable, any other amount of non- refundable nature and to refund the balance amount without any interest in the common areas within 3 (three) months from the date of issuance manner prescribed in this Agreement. The Allottee shall be solely responsible and liable for compliance of the occupancy certificate provisions of Indian Stamp Act, 1899 or any amendments thereof including any actions taken or deficiencies / penalties imposed by the completion certificatecompetent authority (ies). Any increase / decrease in the Stamp Duty charges during the period when the case for execution of the Conveyance Deed of the allotted flat is being processed by the Developer shall be to the account of the Allottee. In case of an allottee who has raised funds/ loans from any bank or financial institution/ corporate body or any other party, the conveyance deed of the Apartment in favour of such allottee will be executed by the Developer only upon receiving NOC from such bank/ financial institution/ corporate body/party, as the case may be, who shall also be entitled to receive the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by deed from the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)registering authority.
Appears in 3 contracts
Samples: Apartment Buyers Agreement, Apartment Buyers Agreement, Builder Buyers Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing .
10.2 Neither any of the following is intended to such non-registration be transferred, nor any of them shall be to the account transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof :
a) Open and keep covered spaces in the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter Buildings and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share not included in the Common Areas mentioned in Schedule E;
b) Other Apartments, Apartment Units, servant quarters and Installations attributable Parking Spaces in the Buildings (except the right to park car(s) in the said Parking Space) and/or the Premises;
c) Exclusive Open Terrace attached and/or appurtenant to other Apartment Units; and
d) Right of further construction on any part of the land comprised in the Premises or raising of any additional floor/storey/construction over the roofs of the Buildings.
10.3 In respect of the Apartment Units, other spaces, properties and rights which are not intended to be transferred to the Apartment for Allottee as aforesaid, the benefit Promoter shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by the Promoter in its absolute discretion, without any reference to the Allottee. The Allottee hereby consents to the same and unless the laws for the time being in force otherwise requires such sale undertakes and transfer covenants not to raise any claim or create or cause to be carried out created any obstruction or hindrance whatsoever regarding the same. The Allottee has irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right, title, interest in the other Apartment Units at the Premises (including the Exclusive Open Terrace Garden Areas comprised therein) and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaims, relinquishes, releases and/or waives in favour of the Association / Maintenance CompanyPromoter and/or the other Apartment Owners, as the same shall case may be, all right, title, interest, entitlement or claim that the Allottee may be conveyed entitled to, both in law or in equity, into or upon the other parts and portions of the Buildings and the Premises excepting those which are being expressly agreed to be transferred in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly by this Agreement and has agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised such provision would also be included in the said Premises Deed of Conveyance to be carried out executed in favour of the Association / Maintenance Company or else, then the deed of conveyance Allottee in respect of the said Unit Apartment Unit.
10.4 The right of the Allottee regarding the Undivided Share shall be so executed and registered variable depending on further / additional vertical and/or horizontal or other constructions, if any, made by the Promoter from time to time and Land Owners in favour the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Total Price / Agreed Consideration and no claim can be raised regarding the same by the Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Total Price / Agreed Consideration paid by the Allottee (i.e. sans on the proportionate share ground of or by reason of any variation of the Undivided Share
10.5 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs of the Buildings and/or other areas in the Buildings and/or the Premises by putting up hoardings, display signs, neon-signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the Apartment Owners and the Association shall be entitled to object or to hinder the same in any manner whatsoever.
10.6 Save and except the right of obtaining housing loan in terms Clause 18 below, the Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.7 The Promoter may permit and/or grant rights to outside/third parties against payment of consideration/charges to the Promoter for setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems on the Common Areas of the Buildings and Installations and/or neither the proportionate share Apartment Owners nor the Association nor any other entity shall be entitled to object to or hinder the same in any manner whatsoever. If any refundable deposit is received from such outside/third parties, then the Land comprised same shall be made over by the Promoter to the Association at the time of handing over of maintenance. Further, the recurring monthly consideration/charges, if any, shall be receivable by the Association after handing over of maintenance by the Promoter.
10.8 The Deed of Conveyance and all other papers and documents in respect of the said PremisesApartment Unit and the Premises shall be prepared and finalised by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter after complying with all obligations that are necessary for the same. In default, the Allottee shall be responsible and liable for all losses and damages that the Promoter may suffer.
10.9 The said Exclusive Open Terrace Garden Area, if mentioned in Schedule A hereto, shall have exclusive access from and be attached and appurtenant only to the said Apartment and shall be exclusively owned and used by the Allottee for the purpose of private terrace garden only. The Allottee shall not be entitled to use the same for any other purpose or to make any construction thereon. The Allottee shall however be entitled to beautify and landscape the same. The said Exclusive Open Terrace Garden Area shall form an integral part of the said Apartment Unit and shall be transferrable only as applicable)a part of the same and not independently or in any other manner.
10.10 The Allottee confirms that he has agreed to purchase the said Apartment Unit with full knowledge that he would have no right, title, interest, claim or entitlement whatsoever in respect of Exclusive Open Terrace Garden Areas attached and/or appurtenant to other Apartments which shall be exclusively owned and used by the respective Apartment Owners and occupants thereof.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1. The Promoter Promoter, on receipt of total Total Price of the Apartment as per para 1.2 under the this Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in right to use the common areas Project Common Areas, Amenities and Facilities within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificateCompletion Certificate/Occupancy Certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 5 (threefive) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionCompletion Certificate/Occupancy Certificate.
10.2. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour favor till payment of stamp duty and registration charges to the promoter is made by the Allottee.
10.3. All liabilities owing In such an event as described in Clause 10.2 above, the Promoter is not liable to such non-wait indefinitely for the Allottee for the payment of the Alottee’s Stamp Duty, Registration Fees and all other charges required for Registration of the Conveyance Deed. At the most, the Promoter shall hold the registration shall be to the account of Conveyance Deed of the Allottee and for a maximum of 45 (forty five) days (Holding Period). If the Allottee shall indemnify fails to furnish the amount/s required for Stamp Duty, Registration Fees and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment other charges required for the benefit Registration of the Allottee and unless Conveyance Deed after the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or elseHolding Period, then the deed of Promoter shall not be held liable to execute and/or register the conveyance in respect favor of the said Unit shall be so executed Allottee. In such an event, the Allottee has the right to cancel his/her/its booking in the Project/Complex and registered by the Promoter and Land Owners in favour shall refund to the Allottee their paid amount, after deduction of the Allottee (i.e. sans the proportionate share in the Common Areas Booking Amount as per clause 1.12 above and Installations and/or the proportionate share in the Land comprised in the said Premises, GST as applicable).
Appears in 3 contracts
Samples: Project Agreement, Agreement for Sale, Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 11.1 The Promoter promoter on receipt of total Price complete amount of the price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed drafted by the Promoter‟s Advocate and convey the title of the Apartment together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion Completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/his/ her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1989 including any actions taken or deficiencies/ penalties imposed by the competent authority (ies).
11.2 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid cause to be transferred to the account Society or Limited Company all the right title and the interest of the Allottee Vendor /Lessor/Original Owner/Promoter and/or the Owners in the said structure of the Building or wing in which the said Apartment is situated.
11.3 The Allotment is personal and the Allottee shall indemnify and keep not be entitled to transfer, let out, alienate the Apartment without the consent in writing of the Promoter saved harmless PROVIDED HOWEVER after the full payment of the entire price and indemnified of from other amounts and against all losses damages costs claims demands suffered or incurred registered conveyance the Allottee shall be entitled to likely to be suffered or incurred by the Promoter. The Promoter let out, grant, lease and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to mortgage and/or deal with the Apartment for the benefit which no further consent of the Allottee Promoter shall be required. All the provisions contained herein and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour obligations arising hereunder of the Association / Maintenance Company, the same Project shall equally be conveyed in favour applicable to and enforceable against any subsequent Allottees of the Allottee Apartment in case of a transfer, as part of the said Unit, to which obligations go along with the Allottee hereby agrees. It is expressly agreed Apartment for all intents and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)purposes.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total complete amount of the Total Price of the Said Apartment and Appurtenances along with all other charges as per para 1.2 demanded by the Promoter (as provided in Schedule C under the Agreement Agreement) from the Allottee and other amounts elsewhere herein mentionedAllottees, shall execute a conveyance deed drafted by the Promoter‟s legal advisors and convey the title of the Said Apartment together with proportionate indivisible share in the common areas and Appurtenances within 3 (three) months from the date of issuance of the occupancy completion certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionAllottees. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold the possession of the Said Apartment and subsequently the registration of the conveyance deed in his/her favour till payment full and final settlement of stamp duty all dues and stampduty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible andliable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies/penaltiesimposedbythecompetentauthority(ies) and further the Allottees shall be bound by its obligations as morefully mentioned in this Agreement. In this regard it is clarified that in addition to the account Total Price, the Allottees shall make payment of the Allottee legal fees for drafting of this Agreement and the Allottee all such further documents. Such fees along with Stamp duty/registration fees and fixed miscellaneous expenses for each registration and all other fees and charges, if any, shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred borne by the PromoterAllottees and paid 15 (fifteen) days prior to the date of registration. The Promoter fee and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable costs shall be paid to the Apartment for Promoter, who shall do all accounting with the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Legal Advisors.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Vendors, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule F and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas and the said Land within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Vendors to withhold registration of the conveyance deed dee d in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Vendors is made by the Allottee. All liabilities owing to such non-registration .
10.2 The Allottee shall be bound to take conveyance of the Said Apartment Unit within the time mentioned in this Agreement, failing which exclusive physical possession of the Said Apartment and the Parking Space, if any, shall not be delivered to the account Allottee (although the Allottee shall become liable for Common Expenses and Rates & Taxes from the Date Of Possession Notice) and in addition, all statutory taxes and penalties shall also be borne and paid by the Allottee. In the event of failure of Allottee to take conveyance of the Said Apartment Unit within the time mentioned in this Agreement, a penalty of Rs. 7/- (Rupees seven) per month per sq. ft. of carpet area will be payable by the Allottee for cleaning and maintenance together with applicable Goods and Service Tax, if any.
10.3 The rights of the Allottee and are limited to ownership of (1) the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).Said Apartment
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have has agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicableInstallations).
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter. on receipt of total Total Price of the Apartment as per para 1.2 clause 1 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall issue Notice of Possession and execute a conveyance deed Deed of Assignment and convey the title of the Apartment together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy certificate or and the completion certificate, as the case may be, to the allottee: The Promoter through their respective authorized signatory/Constituted Attorney will execute the Deed of Sub-Lease/ Deed of Under Lease/Deed of Assignment, as the case may be and/or other papers and documents for transfer of the said Apartment/Residential Apartment on Sub-Lease/Under-Lease for the unexpired residual term of 999 years which has commenced from 10th November, 2006 upon completion of the entire Project and only upon all of the following conditions and obligations having been satisfied by the Allottee :-
a. The consideration as and by way of Sub-Lease/Under-Lease and the Additional Costs and Charges as mentioned in Clause no. 1 respectively herein are paid in full by the Allottee;
b. The Allottee is not in default in respect of any of his/her/their obligations;
c. The Allottee executes an Undertaking and Indemnity in favor of the Promoter in respect of the Allottee’s obligations to pay the Additional/further Stamp Duty, additional Registration Fees, other levies, interest and penalty, if any, relating to execution and registration of the Deed of Sub-Lease and/or Under Lease. Provided thatThe Deed of Sub Lease/Under-Lease/Assignment in respect of the said Apartment/Residential Apartment shall be prepared and finalized by the Promoter‘s Advocates and the Allottee agrees to execute such Deed of Sub-Lease/Deed of Under- Lease without asking for any modification thereto, unless agreed to by the Promoter or its Advocates. In case of death of the Allottee prior to the execution and registration of the Deed of Sub- Lease/Under Lease/Deed of Assignment in the absence of local lawhis/her favor, the conveyance deed in favour legal representative(s) of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment entitled to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed obtain in his/her favour till payment her/their favor the Deed of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such nonSub-registration shall be to the account Lease/Deed of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified Under Lease/Deed of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance Assignment in respect of the said Unit shall Residential Apartment subject to production of necessary documents of representation to title as may be so executed and registered required by the Promoter in this regard, including Probate, Letters of Administration and Land Owners Succession Certificate furnishing a Letter of Indemnity in favour favor of the Allottee (i.e. sans the proportionate share Promoter in the Common Areas form and Installations manner satisfactory to the Promoter and/or Appropriate Authority. Even if the proportionate share Deed of Sub-Lease/Under-Lease/Deed of Assignment/Transfer of the said Specified Land and building thereon is executed in favor of the Allottee, the Promoter will not be bound to hand over possession of the said Residential Apartment to the Allottee/s or to the Association and/or Federation until all the amounts which are due and payable by the Allottee/s to the Promoter under this Agreement or otherwise are paid along with interest, and applicable taxes if any. The Promoter shall have lien on the said Apartment for unpaid price along with interest, if any, payable to them as also for any other amount payable by the Allottee/s to the Promoter. Till such amount with interest, and applicable taxes if any, is paid to the Promoter, the Allottee/s or the Association and/or Federation will not be entitled to possession of the said Residential Apartment and the possession of the Promoter shall continue till then. The name of the project being implemented on the plot of land herein described as “Joyville” and the same shall not be changed by the Association and/or Federation /Apex Body. It is clarified that, the Promoter shall never be liable or required to pay any transfer fees and/or any amount, compensation whatsoever to the Association and/or Federation in respect of transfer of the unsold premises or re-transfer of any premises in the event of cancellation of earlier allotment, even after the transfer deed with respect to the plot of Land comprised in and structures thereon. The Promoter shall have the said Premises, as applicable)right to enter into this Agreement with the Allottee under the Agreement for Sub-Lease and the Declaration recited above which the Promoter hereby confirms.
Appears in 2 contracts
Samples: Agreement for Allotment of Apartment, Agreement for Allotment of Apartment
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate undivided indivisible variable share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or certificateor the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in to the Allottee And the common areas to the Association of the Allottees within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to as per the Allotteeprovisions of the Act. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under the Agreement from and Additional Liabilities and Deposits mentioned in Schedule E and all other amounts or dues payable by the Allottee hereunder on in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other amounts elsewhere herein mentioned, shall execute a conveyance deed taxes and convey the title levies and other outgoings from the
10.2 Neither any of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date following is intended to be transferred, nor any of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed them shall be transferred in favour of the Allottee shall have no right, title, interest, claim or entitlement whatsoever in respect thereof:
a) Open and covered spaces in the Building and the Land not included in the Common Areas mention in Schedule D;
b) Other Apartments, Apartment Units, servant quarters and Parking Spaces in the Building (except the right to park car(s) in the said Parking Space) and/or the Premises;
c) Exclusive Open Xxxxxxxx attached and/or appurtenant to other Apartment Units; and
d) Right of further construction on any part of the land comprised in the Premises or raising of any additional floor/storey/construction over the roofs of the Building.
10.3 In respect of the Apartment Units, other spaces, properties and rights which are not intended to be carried out by transferred to the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. HoweverAllottee as aforesaid, the Promoter may require execution shall be entitled to use, utilise, transfer, alienate, part possession, deal with or dispose of the Sale Deed same in favour any manner whatsoever on such terms and conditions as may be thoughtful and fit and proper by the Promoter in its absolute discretion, without any reference to the Allottee. The Allottee hereby consents to the same and undertakes and covenants not to raise any claim and create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allottee has irrevocably and unconditionally agreed and
10.4 The right of the Allottee simultaneously with regarding the delivery of possession of Undivided Share shall be variable depending on further/ additional vertical and/or horizontal or other constructions, if any, made by the Apartment Promoter from time to tome and the Allottee hereby irrevocably consents to the Allottee and the Promoter same. Any such variation shall not be obliged to deliver possession of affect the Apartment to Total Price/ Agreed Consideration and no claim can be raised regarding the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made same by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify not be entitled to and keep covenants not to demand any refund out of the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred Total Price/ Agreed Consideration paid by the Promoter. Allottee on the ground of or by reason of any variation of the Undivided Share.
10.5 The Promoter shall be entitled at all times to install, display and maintain its mane and/or logo in the roofs of the Building and/or other areas in the Building and/or the Premises by putting up hoarding, display signs, neon-signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no on including the Apartment Owners and the Land Owners have agreed Association shall be entitled to sell object or to hinder the same in any manner whatsoever.
10.6 Save and transfer except the proportionate undivided indivisible impartible variable share right of obtaining housing loan in the Common Areas and Installations attributable to the Apartment for the benefit of terms Clause 18 below, the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company not have any right or else, then the deed of conveyance lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.7 The Promoter mat permit and/or grant rights to outside/third parties against payment of consideration/charges to the Promoter for setting up communication towers or other installation for mobile telephones, VSAT, Dish, and/or other antennas and other communication and satellite systems on the Common Areas of the Building and neither the Apartment Owners nor the Association nor any other entity shall be so executed entitled to object to or hinder the same
10.8 The Deed of Conveyance and registered all other papers and documents in respect of the said Apartment Unit and the Premises shall be prepared and finalized by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter and Land Owners in favour of after complying with all obligation that are necessary for the same. In default, the Allottee (i.e. sans shall be responsible and liable for all losses and damages that the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in Promoter may suffer.
10.9 The Allottee confirms that he has agreed to purchase the said PremisesApartment Unit with full knowledge that he would have no right, as applicable)title, interest, claim or entitlement whatsoever in respect of Exclusive Open Terrace Garden Areas Attached and/or appurtenant to other Apartment which shall be exclusively owned and used by the respective Apartment Owners and occupants thereof.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Ninth Schedule and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, corporation and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing .
10.2 Neither any of the (i) open and covered spaces in the Buildings and the Land not included in the Common Areas mentioned in Seventh Schedule (ii) other Apartments, Commercial Spaces, Apartment Units, Commercial Units and Parking Spaces in the Buildings (except the right to such non-registration park medium sized car(s) in the said Parking Space) and/or the Premises, (iii) Exclusive Open Terrace attached and/or appurtenant to other Units, (iv) right of further construction on any part of the open land/space comprised in the Land or raising of any additional floor/storey/construction on the roofs of the Buildings including the Common Roof Area and (v) Exclusive Private Roof Area Rights in respect of the Exclusive Private Roof Area in as much as the same shall belong exclusively to the Vendors is intended to be transferred, nor the same shall be to the account transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof and keep the Promoter saved harmless Vendors shall be entitled to use, utilize, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and indemnified of from conditions as may be thought fit and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred proper by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share Vendors in the Common Areas and Installations attributable their absolute discretion, without any reference to the Apartment for Allottee who hereby consents to the benefit of same and hereby disclaims, relinquishes, releases and/or waives any right, title, interest, entitlement or claim that the Allottee and unless the laws for the time being may be entitled to, both in force otherwise requires such sale and transfer to be carried out law or any equity, in favour of the Association / Maintenance Company, the same shall be conveyed in favour Vendors.
10.3 The right of the Allottee as part of regarding the said UnitUndivided Share shall be variable depending on Additional/Further Constructions, if any, made by the Promoter from time to which time and the Allottee hereby agreesirrevocably consents to the same. It is expressly agreed Any such variation shall not affect the Total Price / Agreed Consideration and made clear that in case no claim can be raised regarding the laws for time being in force require same by the transfer Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Total Price / Agreed Consideration paid by the Allottee on the ground of or by reason of any variation of the Undivided Share
10.4 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (including Common Areas and Installations Roof Area) of the Buildings and/or other areas in the Buildings and/or the Land comprised in Premises by putting up hoardings, display signs, neon signs, lighted displays, etc. without being required to pay any charges for the said Premises to be carried out in favour same, other than payment of electricity consumed on actuals, and no one including the Apartment Owners and the Association / Maintenance Company shall be entitled to object or elseto hinder the same in any manner whatsoever.
10.5 Save and except the right of obtaining housing loan in terms of Clause 18 below, then the deed of conveyance Allottee shall not have any right or lien in respect of the said Unit Apartment till physical possession is made over to him after payment of all amounts by the Allottee.
10.6 The Deed of Conveyance and all other papers and documents in respect of the said Apartment and the Premises shall be so executed prepared and registered finalized by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter after complying with all obligations that are necessary for the same. In default, the Allottee shall be responsible and Land Owners in favour liable for all losses and damages that the Promoter may suffer.
10.7 The Vendors shall be entitled to sell the Commercial Apartments on such terms and conditions as the Vendors may deem fit and proper. Without restricting or limiting the generality of the Allottee above it is clarified that the Vendors shall be entitled, inter alia, to:
(i.e. sans a) grant rights to Unit Owners of the proportionate share Commercial Units to put- up install, display and maintain hoardings, display signs, neon- signs, lighted displays etc. on the external walls and windows of the Building abutting the Commercial Units and/or on the internal walls of the Commercial Units and/or in the Common Areas meant for access to the Commercial Units against payment of consideration/charges to the Vendors for the same and Installations neither the Unit Owners nor the Association nor any other entity shall be entitled to object or to hinder the same in any manner whatsoever. The initial and/or recurring consideration/charges, the proportionate share deposit, if any, and all other amounts to be paid by such Unit Owners of Commercial Units shall belong exclusively to the Vendors;
(b) provide for a separate additional generator for exclusive use of the Commercial Units only in addition to making available to them the Land comprised use of the main common generator for Common Areas and purposes;
(c) demarcate and allot the parking spaces around the Buildings for the Unit Owners of Commercial Units;
(d) allow the Unit Owners of Commercial Units to have additional security systems and additional security guards for the safety and security of the Commercial Units in addition to the said common security for the Premises, ;
(e) charge Maintenance Charges and Common Expenses to the Unit Owners of Commercial Units at such rate as applicable)may be decided by the Vendors/Promoter;
(f) limit or restrict the rights of the Unit Owners of Commercial Units in respect of use of certain Common Areas;
(g) grant additional/differential rights to the Unit Owners of Commercial Units in respect of use of certain Common Areas;
(h) grant differential rights to the Unit Owners of Commercial Units in respect of participation and voting regarding the Association and the Maintenance.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment including all other amounts payable as per para Cl No. 1.2 and more fully detailed in Schedule of payments Schedule 7 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) three months from the date of issuance of the occupancy completion certificate or and the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) three months from the date of issue of occupancy certificate / completion certificate. HoweverAll costs of stamp duty, the Promoter may require registration fee and other miscellaneous/ incidental expenses including documentation charges and legal fees and charges for execution and registration of the Sale Deed conveyance deed of the Apartment in favour of the Allottee simultaneously with shall be borne and paid by the delivery of possession Allottee. If any other charges become payable under law or demanded by any concerned authority, then the same shall be paid and borne by the Allottee only. If the Promoter incurs any expenditure towards registration of the Apartment Apartment, the same shall be reimbursed by the Allottee to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionPromoter. HoweverProvided further that, in case the Allottee Allottee(s) fails to deposit the stamp duty and/or duty, registration charges within the period mention mentioned in the demand notice, letter, the Allottee authorized Allottee(s) authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter Promoter is made by the AllotteeAllottee(s). All liabilities owing to such non-registration shall be to the account In any case physical possession of the Allottee and Apartment shall not be given until the Allottee shall indemnify deposits the stamp duty, registration and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)other charges.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 12.1 The Promoter promoter on receipt of total Price complete amount of the price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed drafted by the Promoter‟s Advocate and convey the title of the Apartment together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion Completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/his/ her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1989 including any actions taken or deficiencies/ penalties imposed by the competent authority (ies).
12.2 The Promoter shall, within three months of registration of the Society or Association or Limited Company , as aforesaid cause to be transferred to the account Society or Limited Company all the right title and the interest of the Allottee Vendor /Lessor/Original Owner/Promoter and/or the Owners in the said structure of the Building or wing in which the said Apartment is situated.
12.3 The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company , as aforesaid cause to be transferred to the Federation/apex body all the right title and the interest of the Vendor /Lessor/Original Owner/Promoter and/or the Owners in the Project Land on which the Building the Building with multiple wings are constructed.
12.4 The Allotment is personal and the Allottee shall indemnify and keep not be entitled to transfer, let out, alienate the Apartment without the consent in writing of the Promoter saved harmless PROVIDED HOWEVER after the full payment of the entire price and indemnified of from other amounts and against all losses damages costs claims demands suffered or incurred registered conveyance the Allottee shall be entitled to likely to be suffered or incurred by the Promoter. The Promoter let out, grant, lease and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to mortgage and/or deal with the Apartment for the benefit which no further consent of the Allottee Promoter shall be required. All the provisions contained herein and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour obligations arising hereunder of the Association / Maintenance Company, the same Project shall equally be conveyed in favour applicable to and enforceable against any subsequent Allottees of the Allottee Apartment in case of a transfer, as part of the said Unit, to which obligations go along with the Allottee hereby agrees. It is expressly agreed Apartment for all intents and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)purposes.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. The Allottee shall not be entitled to raise any dispute or question regarding the occupancy certificate, as the case may be, in any manner whatsoever. The Allottee shall, however, be entitled, at his own costs and expenses, to independently enquire about such occupancy certificate or the completion certificate, as the case may be, from the office of the local municipal authority. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have has agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. i.e., sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicableInstallations).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have has agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicableInstallations).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. That in case Allottee obtain loan from any Financing Institution/ Bank and he furnish loan sanction letter indicating the payment of instalments as stipulated in clause of this Agreement, then in such a case, on payment of booking amount as mentioned in clause above, promoter will execute the required sale deed in favour of the Allottee but the possession and lien of the property will remain with the Promoter. It is also hereby made clear that in such a situation, as per the prevailing rules and laws, even if the sale deed of an incomplete structure is being executed in favour of the Allottee, the valuation in the sale deed shall be done at the value of the final finished residential unit/ Duplex and Allottee shall have to pay the stamp duty charges accordingly, calculated at the total sale value of the final finished residential Duplex, as mentioned herein above, if required by law. The Promoter Promoter, on receipt of total Total Price of the Apartment Duplex as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment Duplex together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of receipt of full payment issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para 1.2 under Clause1.2 and additional liabilities and deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing .
10.2 Neither any of the following is intended to such non-registration be transferred, nor any of them shall be to the account transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof :
a) Open and keep covered spaces in the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter Buildings and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share not included in the Common Areas mentioned in ScheduleE;
b) Other Apartments, Apartment Units and Installations attributable Parking Spaces in the Buildings (except the right to park medium sized car(s) and/or two wheelers in the said Parking Space) and/or the Premises;
c) Exclusive Open Terrace attached and/or appurtenant to other Units; and
d) Right of further construction on any part of the open land/space comprised in the Landor raising of any additional floor/storey/construction over the roofs of the Buildings including the Common Roof Area.
10.3 In respect of the Apartment Units, other spaces, properties and rights which are not intended to be transferred to the Apartment for Allottee as aforesaid, the benefit Promoter shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by the Promoter in its absolute discretion, without any reference to the Allottee. The Allottee hereby consents to the same and unless the laws for the time being in force otherwise requires such sale undertakes and transfer covenants not to raise any claim or create or cause to be carried out created any obstruction or hindrance whatsoever regarding the same. The Allottee has irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right, title, interest in the other Apartment Units at the Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaims, relinquishes, releases and/or waives in favour of the Association / Maintenance CompanyPromoter and/or the other Apartment Owners, as the same shall case may be, all right, title, interest, entitlement or claim that the Allottee may be conveyed entitled to, both in law or in equity, into or upon the other parts and portions of the Buildings and the Premises excepting those which are being expressly agreed to be transferred in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly by this Agreement and has agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised such provision would also be included in the said Premises Deed of Conveyance to be carried out executed in favour of the Association / Maintenance Company or else, then the deed of conveyance Allottee in respect of the said Unit Apartment Unit.
10.4 The right of the Allottee regarding the Undivided Share shall be so executed and registered variable depending on Additional/Further Constructions, if any, made by the Promoter from time to time and Land Owners in favour the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Total Price / Agreed Consideration and no claim can be raised regarding the same by the Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Total Price / Agreed Consideration paid by the Allottee on the ground of or by reason of any variation of the Undivided Share
10.5 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (i.e. sans including Common Roof Area) of the proportionate share Buildings and/or other areas in the Buildings and/or the Premises by putting up hoardings, display signs, neon-signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the ApartmentOwners and the Association shall be entitled to object or to hinder the same in any manner whatsoever.
10.6 Save and except the right of obtaining housing loan in terms Clause 18 below, the Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.7 The Promoter may permit and/or grant rights to outside/third parties against payment of consideration/charges to the Promoter for setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems on the Common Areas of the Buildings including the Common Roof Area and Installations and/or neither the proportionate share Apartment Owners nor the Association nor any other entity shall be entitled to object to or hinder the same in any manner whatsoever. All consideration, revenues, security deposits, recurring charges, etc. for the Land comprised same shall belong exclusively to the Promoter. If any refundable deposit is received from such outside/third parties, then the same shall be made over by the Promoter to the Association at the time of handing over of maintenance. Further, the recurring monthly consideration/charges, if any, shall be receivable by the Association after handing over of maintenance by the Promoter.
10.8 The Deed of Conveyance and all other papers and documents in respect of the said PremisesApartment Unit and the Premises shall be prepared and finalised by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter after complying with all obligations that are necessary for the same. In default, as applicable)the Allottee shall be responsible and liable for all losses and damages that the Promoter may suffer.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment [Apartment/Plot Commercial Space] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment [Apartment/Plot Commercial Space] together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of receipt of the full payment issuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) one months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration charges and mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the apartment as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual apartment, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and management and supervision of the Project including common areas, facilities and amenities and the Promoter shall not be responsible for the same. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, corporation and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing .
10.2 Neither any of the (i) open and covered spaces in the Buildings and the Land not included in the Common Areas mentioned in Schedule E, (ii) other Apartments, Commercial Spaces, Apartment Units, Commercial Units and Parking Spaces in the Buildings (except the right to such non-registration park medium sized car(s) in the said Parking Space) and/or the Premises, (iii) Exclusive Open Terrace attached and/or appurtenant to other Units, (iv) right of further construction on any part of the open land/space comprised in the Land or raising of any additional floor/storey/construction on the roofs of the Buildings including the Common Roof Area and (v) Exclusive Private Roof Area Rights in respect of the Exclusive Private Roof Area in as much as the same shall belong exclusively to the Vendors is intended to be transferred, nor the same shall be to the account transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof and keep the Promoter saved harmless Vendors shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and indemnified of from conditions as may be thought fit and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred proper by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share Vendors in the Common Areas and Installations attributable their absolute discretion, without any reference to the Apartment for Allottee who hereby consents to the benefit of same and hereby disclaims, relinquishes, releases and/or waives any right, title, interest, entitlement or claim that the Allottee and unless the laws for the time being may be entitled to, both in force otherwise requires such sale and transfer to be carried out law or any equity, in favour of the Association / Maintenance Company, the same shall be conveyed in favour Vendors.
10.3 The right of the Allottee as part of regarding the said UnitUndivided Share shall be variable depending on Additional/Further Constructions ,if any, made by the Promoter from time to which time and the Allottee hereby agreesirrevocably consents to the same. It is expressly agreed Any such variation shall not affect the Total Price / Agreed Consideration and made clear that in case no claim can be raised regarding the laws for time being in force require same by the transfer Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Total Price / Agreed Consideration paid by the Allottee on the ground of or by reason of any variation of the Undivided Share
10.4 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (including Common Areas and Installations Roof Area) of the Buildings and/or other areas in the Buildings and/or the Land comprised in Premises by putting up hoardings, display signs, neon signs, lighted displays, etc. without being required to pay any charges for the said Premises to be carried out in favour same, other than payment of electricity consumed on actuals, and no one including the Unit Owners and the Association / Maintenance Company shall be entitled to object or elseto hinder the same in any manner whatsoever.
10.5 Save and except the right of obtaining housing loan in terms of Clause 18 below, then the deed of conveyance Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.6 The Deed of Conveyance and all other papers and documents in respect of the said Apartment Unit and the Premises shall be so executed prepared and registered finalised by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter after complying with all obligations that are necessary for the same. In default, the Allottee shall be responsible and Land Owners in favour liable for all losses and damages that the Promoter may suffer.
10.7 The Vendors shall be entitled to sell the Commercial Units on such terms and conditions as the Vendors may deem fit and proper. Without restricting or limiting the generality of the Allottee above it is clarified that the Vendors shall be entitled, inter alia, to:
(i.e. sans a) grant rights to Unit Owners of the proportionate share Commercial Units to put-up install, display and maintain hoardings, display signs, neon-signs, lighted displays etc. on the external walls and windows of the Building abutting the Commercial Units and/or on the internal walls of the Commercial Units and/or in the Common Areas meant for access to the Commercial Units against payment of consideration/charges to the Vendors for the same and Installations neither the Unit Owners nor the Association nor any other entity shall be entitled to object or to hinder the same in any manner whatsoever. The initial and/or recurring consideration/charges, the proportionate share deposit, if any, and all other amounts to be paid by such Unit Owners of Commercial Units shall belong exclusively to the Vendors;
(b) provide for a separate additional generator for exclusive use of the Commercial Units only in addition to making available to them the use of the main common generator for Common Areas and purposes;
(c) demarcate and allot the parking spaces in the Land comprised front portion of the Buildings for the Unit Owners of Commercial Units;
(d) allow the Unit Owners of Commercial Units to have additional security systems and additional security guards for the safety and security of the Commercial Units in addition to the said common security for the Premises, ;
(e) charge Maintenance Charges and Common Expenses to the Unit Owners of Commercial Units at such higher rate as applicable)may be decided by the Vendors;
(f) limit or restrict the rights of the Unit Owners of Commercial Units in respect of use of certain Common Areas;
(g) grant additional/differential rights to the Unit Owners of Commercial Units in respect of use of certain Common Areas;
(h) grant differential rights to the Unit Owners of Commercial Units in respect of participation and voting regarding the Association and the Maintenance.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Land Owners / Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in to the Allottee and the common areas within to the Association of the Allotteeswithin 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, certificate (if and as the case may be, to the Allotteeapplicable). Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized authorizes the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-non- registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable). The cost of stamp duty and registration fees etc.,will be borne and paid by the Allottee proportionately.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment plot [Apartment/Plot] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment plot [Apartment/Plot] together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of receipt of the full payment issuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration charges and mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the plot as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual plot, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and management and supervision of the project including common areas, facilities and amenities and the Promoter shall not be responsible for the same. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total complete amount of the Total Price of the Said Apartment and Appurtenances along with all other charges as per para 1.2 demanded by the Promoter (as provided in Schedule C under the Agreement Agreement) from the Allottee and other amounts elsewhere herein mentionedAllottees, shall execute a conveyance deed drafted by the Promoter‟s legal advisors and convey the title of the Said Apartment together with proportionate indivisible share in the common areas and Appurtenances within 3 (three) months from the date of issuance of the occupancy completion certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionAllottees. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold the possession of the Said Apartment and subsequently the registration of the conveyance deed in his/her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies/penalties imposed by the competent authority (ies) and further the Allottees shall be bound by its obligations as morefully mentioned in this Agreement. In this regard it is clarified that in addition to the account Total Price, the Allottees shall make payment of the Allottee legal fees for drafting of this Agreement and the Allottee all such further documents. Such fees along with Stamp duty/registration fees and fixed miscellaneous expenses for each registration and all other fees and charges, if any, shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred borne by the PromoterAllottees and paid 15 (fifteen) days prior to the date of registration. The Promoter fee and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable costs shall be paid to the Apartment for Promoter, who shall do all accounting with the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Legal Advisors.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing .
10.2 Neither any of the following is intended to such non-registration be transferred, nor any of them shall be to the account transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof :
a) Open and keep covered spaces in the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter Buildings and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share not included in the Common Areas mentioned in Schedule E;
b) Other Apartments, Apartment Units, servant quarters and Installations attributable Parking Spaces in the Buildings (except the right to park car(s) in the said Parking Space) and/or the Premises;
c) Exclusive Open Terrace attached and/or appurtenant to other Apartment Units; and
d) Right of further construction on any part of the land comprised in the Premises or raising of any additional floor/storey/construction over the roofs of the Buildings.
10.3 In respect of the Apartment Units, other spaces, properties and rights which are not intended to be transferred to the Apartment for Allottee as aforesaid, the benefit Promoter shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by the Promoter in its absolute discretion, without any reference to the Allottee. The Allottee hereby consents to the same and unless the laws for the time being in force otherwise requires such sale undertakes and transfer covenants not to raise any claim or create or cause to be carried out created any obstruction or hindrance whatsoever regarding the same. The Allottee has irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right, title, interest in the other Apartment Units at the Premises (including the Exclusive Open Terrace Garden Areas comprised therein) and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaims, relinquishes, releases and/or waives in favour of the Association / Maintenance CompanyPromoter and/or the other Apartment Owners, as the same shall case may be, all right, title, interest, entitlement or claim that the Allottee may be conveyed entitled to, both in law or in equity, into or upon the other parts and portions of the Buildings and the Premises excepting those which are being expressly agreed to be transferred in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly by this Agreement and has agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised such provision would also be included in the said Premises Deed of Conveyance to be carried out executed in favour of the Association / Maintenance Company or else, then the deed of conveyance Allottee in respect of the said Unit Apartment Unit.
10.4 The right of the Allottee regarding the Undivided Share shall be so executed and registered variable depending on further / additional vertical and/or horizontal or other constructions, if any, made by the Promoter from time to time and Land Owners in favour the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Total Price / Agreed Consideration and no claim can be raised regarding the same by the Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Total Price / Agreed Consideration paid by the Allottee (i.e. sans on the proportionate share ground of or by reason of any variation of the Undivided Share
10.5 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs of the Buildings and/or other areas in the Buildings and/or the Premises by putting up hoardings, display signs, neon-signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the Apartment Owners and the Association shall be entitled to object or to hinder the same in any manner whatsoever.
10.6 Save and except the right of obtaining housing loan in terms Clause 18 below, the Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.7 The Promoter may permit and/or grant rights to outside/third parties against payment of consideration/charges to the Promoter for setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems on the Common Areas of the Buildings and Installations and/or neither the proportionate share Apartment Owners nor the Association nor any other entity shall be entitled to object to or hinder the same in any manner whatsoever. If any refundable deposit is received from such outside/third parties, then the Land comprised same shall be made over by the Promoter to the Association at the time of handing over of maintenance. Further, the recurring monthly consideration/charges, if any, shall be receivable by the Association after handing over of maintenance by the Promoter.
10.8 The Deed of Conveyance and all other papers and documents in respect of the said PremisesApartment Unit and the Premises shall be prepared and finalised by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter after complying with all obligations that are necessary for the same. In default, the Allottee shall be responsible and liable for all losses and damages that the Promoter may suffer.
10.9 The said Exclusive Open Terrace Garden Area, if mentioned in Schedule A hereto, shall have exclusive access from and be attached and appurtenant only to the said Apartment and shall be exclusively owned and used by the Allottee for the purpose of private terrace garden only. The Allottee shall not be entitled to use the same for any other purpose or to make any construction thereon. The Allottee shall however be entitled to beautify and landscape the same including installing water fountains. The said Exclusive Open Terrace Garden Area shall form an integral part of the said Apartment Unit and shall be transferrable only as applicable)a part of the same and not independently or in any other manner.
10.10 The Allottee confirms that he has agreed to purchase the said Apartment Unit with full knowledge that he would have no right, title, interest, claim or entitlement whatsoever in respect of Exclusive Open Terrace Garden Areas attached and/or appurtenant to other Apartments which shall be exclusively owned and used by the respective Apartment Owners and occupants thereof.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule F and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas and the said Land within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration .
10.2 The Allottee shall be bound to take conveyance of the Said Apartment Unit within the time mentioned in this Agreement, failing which exclusive physical possession of the Said Apartment and the Parking Space, if any, shall not be delivered to the account Allottee (although the Allottee shall become liable for Common Expenses and Rates & Taxes from the Date Of Possession Notice) and in addition, all statutory taxes and penalties shall also be borne and paid by the Allottee. In the event of failure of Allottee to take conveyance of the Said Apartment Unit within the time mentioned in this Agreement, a penalty of Rs. /- (Rupees ) per month per sq. ft. of carpet area will be payable by the Allottee for cleaning and maintenance together with applicable Goods and Service Tax, if any.
10.3 The rights of the Allottee and are limited to ownership of (1) the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).Said Apartment
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 11.1 The Promoter Developer and the Associate Developer on receipt of total Price complete amount of the price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed drafted by the Developer and the Associate Developer‟s Advocate and convey the title of the Apartment together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy Occupancy Certificate and the Completion certificate or the completion certificate, as the case may bebe , to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Developer and the Associate Developer within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Developer and the Associate Developer to withhold registration of the conveyance deed in his/his/ her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter Developer and the Associate Developer is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1989 including any actions taken or deficiencies/ penalties imposed by the competent authority (ies).
11.2 The Developer and the Associate Developer shall, within three months of registration of the Society or Association or Limited Company, as aforesaid cause to be transferred to the account Society or Limited Company all the right title and the interest of the Allottee Vendor /Lessor/Original Owner/Developer and the Associate Developer and/or the Owners in the said structure of the Building or wing in which the said Apartment is situated.
11.3 The Developer and the Associate Developer shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid cause to be transferred to the Federation/apex body all the right title and the interest of the Vendor /Lessor/Original Owner/Developer and the Associate Developer and/or the Owners in the Block Land on which the Building the Building with multiple wings are constructed.
11.4 The Allotment is personal and the Allottee shall indemnify and keep not be entitled to transfer, let out, alienate the Promoter saved harmless and indemnified Apartment without the consent in writing of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter Developer and the Land Owners have agreed Associate Developer PROVIDED HOWEVER after the full payment of the entire price and other amounts and registered conveyance the Allottee shall be entitled to sell let out, grant, lease and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to mortgage and/or deal with the Apartment for the benefit which no further consent of the Allottee Developer and unless the laws for Associate Developer shall be required. All the time being in force otherwise requires such sale provisions contained herein and transfer to be carried out in favour the obligations arising hereunder of the Association / Maintenance Company, the same Block shall equally be conveyed in favour applicable to and enforceable against any subsequent Allottee of the Allottee Apartment in case of a transfer, as part of the said Unit, to which obligations go along with the Allottee hereby agrees. It is expressly agreed Apartment for all intents and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)purposes.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para 1.2 under Clause1.2 and Additional Liabilities and Xxxxxxxx mentioned in 6th Schedule and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing .
10.2 Neither any of the following is intended to such non-registration be transferred, nor any of them shall be to the account transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof :
a) Open and keep covered spaces in the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter Buildings and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share not included in the Common Areas mentioned in 5th Schedule;
b) Other Apartments, Apartment Units, servant quarters and Installations attributable Parking Spaces in the Buildings (except the right to park car(s) in the said Parking Space) and/or the Premises;
c) Exclusive appurtenant to other Apartment Units; and
d) Right of further construction on any part of the land comprised in the Premises or raising of any additional floor/storey/construction over the roofs of the Buildings.
10.3 In respect of the Apartment Units, other spaces, properties and rights which are not intended to be transferred to the Apartment for Allottee as aforesaid, the benefit Promoter shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by the Promoter in its absolute discretion, without any reference to the Allottee. The Allottee hereby consents to the same and unless the laws for the time being in force otherwise requires such sale undertakes and transfer covenants not to raise any claim or create or cause to be carried out created any obstruction or hindrance whatsoever regarding the same. The Allottee has irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right, title, interest in the other Apartment Units at the Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaims, relinquishes, releases and/or waives in favour of the Association / Maintenance CompanyPromoter and/or the other Apartment Owners, as the same shall case may be, all right, title, interest, entitlement or claim that the Allottee may be conveyed entitled to, both in law or in equity, into or upon the other parts and portions of the Buildings and the Premises excepting those which are being expressly agreed to be transferred in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly by this Agreement and has agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised such provision would also be included in the said Premises Deed of Conveyance to be carried out executed in favour of the Association / Maintenance Company or else, then the deed of conveyance Allottee in respect of the said Unit Apartment Unit.
10.4 The right of the Allottee regarding the Undivided Share in Land shall be so executed and registered variable depending on further / additional vertical and/or horizontal or other constructions, if any, made by the Promoter from time to time and Land Owners in favour the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Total Price / Agreed Consideration and no claim can be raised regarding the same by the Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Total Price / Agreed Consideration paid by the Allottee (i.e. sans on the proportionate share ground of or by reason of any variation of the Undivided Share
10.5 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs of the Buildings and/or other areas in the Buildings and/or the Premises by putting up hoardings, display signs, neon-signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the Apartment Owners and the Association shall be entitled to object or to hinder the same in any manner whatsoever.
10.6 Save and except the right of obtaining housing loan in terms Clause 18 below, the Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.7 The Promoter may permit and/or grant rights to outside/third parties against payment of consideration/charges to the Promoter for setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems on the Common Areas of the Buildings and Installations and/or neither the proportionate share Apartment Owners nor the Association nor any other entity shall be entitled to object to or hinder the same in any manner whatsoever. If any refundable deposit is received from such outside/third parties, then the Land comprised same shall be made over by the Promoter to the Association at the time of handing over of maintenance. Further, the recurring monthly consideration/charges, if any, shall be receivable by the Association after handing over of maintenance by the Promoter.
10.8 The Deed of Conveyance and all other papers and documents in respect of the said PremisesApartment Unit and the Premises shall be prepared and finalised by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter after complying with all obligations that are necessary for the same. In default, as applicable)the Allottee shall be responsible and liable for all losses and damages that the Promoter may suffer.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total complete amount of the Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter Promoter is made by the Allottee. The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies / penalties imposed by the competent authority(ies). All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. obligation is limited to transfer of land comprised in Phase-II of the Bigger Property, which may either be in favour of Allottees thereof individually or the Association of Allottees, as may be applicable. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance CompanyAssociation, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises Bigger Property or the relevant Phase / Sub-Phase to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in Phase-II of the said PremisesBigger Property, as applicable).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Vendors, on receipt of total Total Price of the said Apartment as per para 1.2 under Clause1.2 and Additional Liabilities and Deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, corporation and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Vendors to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Vendors is made by the Allottee. All liabilities owing .
10.2 Neither any of the (i) open and covered spaces in the Building and the said Land not included in the Common Areas mentioned in Schedule E, (ii) Roof of the Building at the Premises excluding the Common Roof Area, (iii) other Apartments, Apartment Units and Parking Spaces in the Building(except the right to such non-registration park medium sized car(s) in the said Parking Space) and/or the Premises, (iv) Exclusive Open Terrace attached and/or appurtenant to other Apartment Units, and (v)right of further construction on any part of the open land/space comprised in the said Land or raising of any additional floor/storey/construction on the roof of the Building including the Common Roof Area is intended to be transferred, nor the same shall be transferred in favour of the Allottee in as much as the same shall belong exclusively to the account Promoter/Owner and the Allottee shall have no right, title, interest, claim or entitlement whatsoever in respect thereof and the Promoter/Owner shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by the Promoter/Owner in their absolute discretion, without any reference to the Allottee who hereby consents to the same and hereby disclaims, relinquishes, releases and/or waives any right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or any equity, in favour of the Promoter/Owner.
10.3 The right of the Allottee regarding the Undivided Share shall be variable depending on Additional/Further Constructions, if any, made by the Promoter from time to time and the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Total Price / Agreed Consideration and no claim can be raised regarding the same by the Allottee and the Allottee shall indemnify not be entitled to and keep covenants not to demand any refund out of the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred Total Price / Agreed Consideration paid by the Promoter. Allottee on the ground of or by reason of any variation of the Undivided Share
10.4 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (including Common Roof Area) of the Building and/or other areas in the Building and/or the Premises by putting up hoardings, display signs, neon signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the Apartment Owners and the Land Owners have agreed Association shall be entitled to sell object or to hinder the same in any manner whatsoever.
10.5 Save and transfer except the proportionate undivided indivisible impartible variable share right of obtaining housing loan in the Common Areas and Installations attributable to the Apartment for the benefit terms of Clause 18 below, the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company not have any right or else, then the deed of conveyance lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.6 The Deed of Conveyance and all other papers and documents in respect of the said Apartment Unit and the Premises shall be so executed prepared and registered finalised by the Promoter Project Advocates and Land Owners in favour of the Allottee (i.e. sans has agreed and undertaken to accept and execute the proportionate share in same within 15 days of being required by the Common Areas Promoter/Owner after complying with all obligations that are necessary for the same. In default, the Allottee shall be responsible and Installations and/or liable for all losses and damages that the proportionate share in the Land comprised in the said Premises, as applicable)Promoter/Owner may suffer.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance CompanyAssociation, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises Bigger Property or the relevant Phase / Sub-Phase to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in Phase-IIA of the said PremisesBigger Property, as applicable).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Land Owners / Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in to the Allottee and the common areas within to the Association of the Allotteeswithin 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, certificate (if and as the case may be, to the Allotteeapplicable). Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized authorizes the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable). The cost of stamp duty and registration fees etc., will be borne and paid by the Allottee proportionately.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Owners/Developer, after completion of the apartment/unit in habitable condition as mentioned herein before, will call upon the Allottee to make payment of balance of the Total Price and other amounts agreed to be paid by the Allottee under or pursuant to this Agreement and to get the Deed of Conveyance of the said Apartment registered in his name within 3 (three) months of the Project Completion Date and/or the date of delivery of possession of the unit/apartment whichever is earlier. The Owners/Developer shall on receipt of total the Total Price of the Apartment as per para 1.2 under the this Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed the Deed of Conveyance and convey the title of the said Apartment together with proportionate indivisible share in right to use the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed Common Areas in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionAllottee. However, in case the Allottee has taken possession of the said Apartment but fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the noticenotice so as to enable the Owners/Developer to have the Deed of Conveyance of the said Apartment registered in his favour, the Allottee authorized the promoter to withhold registration of the conveyance deed in hisOwners/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration Developer shall be entitled to the account of proceed against the Allottee in accordance with the applicable law and the Allottee shall agrees to indemnify and keep the Promoter saved Owners/Developer saved, harmless and indemnified of of/from and against all losses damages costs claims administrative charges, actions, suits, proceedings, costs, claims, demands suffered and damages, which the Owners/Developer may suffer or incurred be put to likely due to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit such inaction and/or default of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Allottee.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in to the Allottee and the common areas to the Association of the Allottees within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to as per the Allotteeprovisions of the Act within 3 (three) months from the date of issuance of the occupancy certificateor the completion certificate, as the case may be. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. Land Owner’sConfirmation: The Promoter and Land Owner has been made party to these presents to confirm the Allottee that the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share Owner shall join in the Common Areas and Installations attributable as party to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed deed/s of conveyance in respect of the said Unit shall or transfer that would be so executed and registered by the Promoter and Land Owners for sale of the Apartment in favour of the Allottee (i.e. sans and the proportionate share in common areas to the Common Areas and Installations and/or Association of the proportionate share in Allottees without claiming any consideration or additional consideration from the Allottee. The Land Owner's obligation is limited to transfer of land comprised in the said Premises, as applicable)Premises in terms of the Development Agreement.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in to the Allottee and the common areas to the Association of the Allottees within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter. on receipt of total Total Price of the Apartment as per para 1.2 clause 1 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall issue Notice of Possession and execute a conveyance deed Deed of Assignment and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) Common Areas with in months from the date of issuance of the occupancy certificate or and the completion certificate, as the case may be, to the allottee: The Promoter through their respective authorized signatory/Constituted Attorney will execute the Deed of Sub-Lease/ Deed of Under Lease/Deed of Assignment, as the case may be and/or other papers and documents for transfer of the said Apartment/Residential Apartment on Sub-Lease/Under-Lease for the unexpired residual term of 999 years which has commenced from 10th November, 2006 upon completion of the entire Project and only upon all of the following conditions and obligations having been satisfied by the Allottee :-
a. The consideration as and by way of Sub-Lease/Under-Lease and the Additional Costs and Charges as mentioned in Clause no. 1 respectively herein are paid in full by the Allottee;
b. The Allottee is not in default in respect of any of his/her/their obligations;
c. The Allottee executes an Undertaking and Indemnity in favor of the Promoter in respect of the Allottee’s obligations to pay the Additional/further Stamp Duty, additional Registration Fees, other levies, interest and penalty, if any, relating to execution and registration of the Deed of Sub-Lease and/or Under Lease. Provided thatThe Deed of Sub Lease/Under-Lease/Assignment in respect of the said Apartment/Residential Apartment shall be prepared and finalized by the Promoter‘s Advocates and the Allottee agrees to execute such Deed of Sub-Lease/Deed of Under-Lease without asking for any modification thereto, unless agreed to by the Promoter or its Advocates. In case of death of the Allottee prior to the execution and registration of the Deed of Sub- Lease/Under Lease/ Deed of Assignment in the absence of local lawhis/her favor, the conveyance deed in favour legal representative(s) of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment entitled to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed obtain in his/her favour till payment her/their favor the Deed of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such nonSub-registration shall be to the account Lease/Deed of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified Under Lease/Deed of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance Assignment in respect of the said Unit shall Residential Apartment subject to production of necessary documents of representation to title as may be so executed and registered required by the Promoter in this regard, including Probate, Letters of Administration and Land Owners Succession Certificate furnishing a Letter of Indemnity in favour favor of the Allottee (i.e. sans the proportionate share Promoter in the Common Areas form and Installations manner satisfactory to the Promoter and/or Appropriate Authority. Even if the proportionate share Deed of Sub-Lease/Under-Lease/Deed of Assignment/Transfer of the said Specified Land and building thereon is executed in favor of the Allottee, the Promoter will not be bound to hand over possession of the said Residential Apartment to the Allottee/s or to the Association until all the amounts which are due and payable by the Allottee/s to the Promoter under this Agreement or otherwise are paid along with interest, and applicable taxes if any. The Promoter shall have lien on the said Apartment for unpaid price along with interest, if any, payable to them as also for any other amount payable by the Allottee/s to the Promoter. Till such amount with interest, and applicable taxes if any, is paid to the Promoter, the Allottee/s or the Association will not be entitled to possession of the said Residential Apartment and the possession of the Promoter shall continue till then. The name of the project being implemented on the plot of land herein described as “Joyville” and the same shall not be changed by the Association/Apex Body. It is clarified that, the Promoter shall never be liable or required to pay any transfer fees and/or any amount, compensation whatsoever to the Association in respect of transfer of the unsold premises or re-transfer of any premises in the event of cancellation of earlier allotment, even after the transfer deed with respect to the plot of Land comprised in and structures thereon. The Promoter shall have the said Premises, as applicable)right to enter into this Agreement with the Allottee under the Agreement for Sub-Lease and the Declaration recited above which the Promoter hereby confirms.
Appears in 1 contract
Samples: Agreement for Allotment of Apartment
CONVEYANCE OF THE SAID APARTMENT. 10.1. The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder on in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Ares including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee:
10.2. Provided thatNeither any of the following is intended to be transferred, in the absence nor any of local law, the conveyance deed them shall be transferred in favour of the Allottee shall have no right, title, interest, claim or entitlement whatsoever in respect thereof:
a) Open and covered spaces in the Building and the Land not included in the Common Areas mention in Schedule E;
b) Other Apartments, Apartment Units, servant quarters and Parking Spaces in the Building (except the right to park car(s) in the said Parking Space) and/or the Premises;
c) Exclusive Open Xxxxxxxx attached and/or appurtenant to other Apartment Units; and
d) Right of further construction on any part of the land comprised in the Premises or raising of any additional floor/storey/construction over the roofs of the Building.
10.3. In respect of the Apartment Units, other spaces, properties and rights which are not intended to be carried out by transferred to the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. HoweverAllottee as aforesaid, the Promoter may require execution shall be entitled to use, utilise, transfer, alienate, part possession, deal with or dispose of the Sale Deed same in favour any manner whatsoever on such terms and conditions as may be thoughtful and fit and proper by the Promoter in its absolute discretion, without any reference to the Allottee. The Allottee hereby consents to the same and undertakes and covenants not to raise any claim and create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allottee has irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right, title, interest in the other Apartment Units at the Premises (including the Executive Open Terrace Garden Areas comprised therein) and/or the properties and rights
10.4. The right of the Allottee simultaneously with regarding the delivery of possession of Undivided Share shall be variable depending on further/ additional vertical and/or horizontal or other constructions, if any, made by the Apartment Promoter from time to tome and the Allottee hereby irrevocably consents to the Allottee and the Promoter same. Any such variation shall not be obliged to deliver possession of affect the Apartment to Total Price/ Agreed Consideration and no claim can be raised regarding the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made same by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify not be entitled to and keep covenants not to demand any refund out of the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred Total Price/ Agreed Consideration paid by the PromoterAllottee on the ground of or by reason of any variation of the Undivided Share.
10.5. The Promoter shall be entitled at all times to install, display and maintain its mane and/or logo in the roofs of the Building and/or other areas in the Building and/or the Premises by putting up hoarding, display signs, neon-signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no on including the Apartment Owners and the Land Owners have agreed Association shall be entitled to sell object or to hinder the same in any manner whatsoever.
10.6. Save and transfer except the proportionate undivided indivisible impartible variable share right of obtaining housing loan in the Common Areas and Installations attributable to the Apartment for the benefit of terms Clause 18 below, the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company not have any right or else, then the deed of conveyance lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.7. The Promoter mat permit and/or grant rights to outside/third parties against payment of consideration/charges to the Promoter for setting up communication towers or other installation for mobile telephones, VSAT, Dish, and/or other antennas and other communication and satellite systems on the Common Areas of the Building and neither the Apartment Owners nor the Association nor any other entity shall be so executed and registered entitled to object to or hinder the same in any manner whatsoever. If any refundable deposit is received from such outside/third parties, then the same shall be made over by the Promoter to the Association at the time of handing over the maintenance. Further, the recurring monthly consideration/charges, if any, shall be received by the Association after handing over of maintenance by the Promoter.
10.8. The Deed of Conveyance and Land Owners all other papers and documents in favour respect of the said Apartment Unit and the Premises shall be prepared and finalized by the Project Advocates and the Allottee (i.e. sans has agreed and undertaken to accept and execute the proportionate share same within 15 days of being required by the Promoter after complying with all obligation that are necessary for the same. In default, the Allottee shall be responsible and liable for all losses and damages that the Promoter may suffer.
10.9. The said Exclusive Open Terrace Garden Area, if mentioned in the Common Areas Schedule A hereto, shall have exclusive access from and Installations and/or the proportionate share in the Land comprised in be attached and appurtenant only the said PremisesApartment and shall be exclusively owned and used by the Allottee for the purpose of private terrace garden only. The Allottee shall not be entitled to use the same for any other purpose
10.10. The Allottee confirms that he has agreed to purchase the said Apartment Unit with full knowledge that he would have no right, as applicable)title, interest, claim or entitlement whatsoever in respect of Exclusive Open Terrace Garden Areas Attached and/or appurtenant to other Apartment which shall be exclusively owned and used by the respective Apartment Owners and occupants thereof.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Owners/Developer, after completion of the apartment/unit in habitable condition as mentioned herein before, will call upon the Allottee to make payment of balance of the Total Price and other amounts agreed to be paid by the Allottee under or pursuant to this Agreement and to get the Deed of Conveyance of the said Apartment registered in his name within 3 (three) months of the Project Completion Date and/or the date of delivery of possession of the unit/apartment whichever is earlier. The Owner/Developer shall on receipt of total the Total Price of the Apartment as per para 1.2 under the this Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed the Deed of Conveyance and convey the title of the said Apartment together with proportionate indivisible share in right to use the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed Common Areas in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionAllottee. However, in case the Allottee has taken possession of the said Apartment but fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the noticenotice so as to enable the Owners/Developer to have the Deed of Conveyance of the said Apartment registered in his favour, the Allottee authorized the promoter to withhold registration of the conveyance deed in hisOwners/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration Developer shall be entitled to the account of proceed against the Allottee in accordance with the applicable law and the Allottee shall agrees to indemnify and keep the Promoter saved Owner/Developer saved, harmless and indemnified of of/from and against all losses damages costs claims administrative charges, actions, suits, proceedings, costs, claims, demands suffered and damages, which the Owners/Developer may suffer or incurred be put to likely due to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit such inaction and/or default of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Allottee.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Said Apartment and Appurtenances (as per para 1.2 provided in Schedule C under the Agreement Agreement) from the Allottee and other amounts elsewhere herein mentionedAllottees, shall execute a conveyance deed drafted by the Promoter’s legal advisors and convey the title of the Said Apartment together with proportionate indivisible share in the common areas and Appurtenances within 3 (three) months from the date of issuance of the occupancy completion certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. Allottees: However, in case the Allottee fails Allottees fail to deposit the stamp duty and/or registration charges within the period mention mentioned in the notice, the Allottee authorized Allottees authorize the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and the Allottees shall be bound by its obligations as morefully mentioned in Clause 7.3 of this Agreement. MAINTENANCE OF THE SAID BUILDING/APARTMENT/PROJECT: The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the Project by the association of allottees upon the issuance of the completion certificate of the Project. The cost of such maintenance will be paid/borne by the Allottees (to the promoter is made by Promoter) from the Allottee. All liabilities owing to such non-registration shall be date of obtaining completion certificate till handover of maintenance of the Real Estate Project to the account association of the Allottee allottees and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable thereafter to the Apartment association of allottees. Maintenance Expenses wherever referred to in this Agreement shall mean and include all expenses for the benefit of the Allottee maintenance, management, upkeep and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer administration of the Common Areas and Installations and/or and for rendition of services in common to the Land comprised in Allottees and all other expenses for the said Premises common purposes to be carried out in favour contributed borne paid and shared by the Allottees of the Association / Project including those mentioned in Schedule H below (“Common Expenses/Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicableCharges”).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Price Total Price/Agreed Consideration of the said Apartment as per para 1.2 under Clause1.2 and Additional Liabilities and Deposits mentioned in Schedule G hereto and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, panchayet and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, after obtaining NOC from the bank from whom the loan has been obtained, shall execute a conveyance deed Deed of Conveyance and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas within 3 (three) months Common Areas including the said Undivided Share immediately from the date of issuance of the occupancy certificate Partial or Full Occupancy Certificate or the completion certificateCompletion Certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses and/or legal expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed Deed of Conveyance in his/her his favour till full and final settlement of dues and payment of stamp duty and registration charges and incidental expenses and legal expenses to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible and liable for compliance of the provisions of the Indian Stamp Act, 1899 including any actions taken or deficiencies/penalties imposed by the competent authorities.
10.2 Neither any of the (i) open and covered spaces in the Buildings and the said Land not included in the Common Areas mentioned in Schedule E, (ii) other Apartments, Apartment Units and Parking Spaces in the Buildings (except the right to park medium sized car(s) in the account said Parking Space) and/or the Premises, (iii) right of further construction on any part of the open land/space comprised in the said Land or raising of any additional floor/storey/construction on the roofs of the Buildings including the Common Roof Area, nor the same shall be transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof and keep the Promoter saved harmless Vendors shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and indemnified of from conditions as may be thought fit and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred proper by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share Vendors in the Common Areas and Installations attributable their absolute discretion, without any reference to the Apartment for Allottee who hereby consents to the benefit of same and hereby disclaims, relinquishes, releases and/or waives any right, title, interest, entitlement or claim that the Allottee and unless the laws for the time being may be entitled to, both in force otherwise requires such sale and transfer to be carried out law or any equity, in favour of the Association / Maintenance Company, the same shall be conveyed in favour Vendors.
10.3 The right of the Allottee as part of regarding the said UnitUndivided Share shall be variable depending on Additional/Further Constructions, if any, made by the Promoter from time to which time and the Allottee hereby agreesirrevocably consents to the same. It is expressly agreed Any such variation shall not affect the Total Price / Agreed Consideration and made clear that in case no claim can be raised regarding the laws for time being in force require same by the transfer Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Total Price / Agreed Consideration paid by the Allottee on the ground of or by reason of any variation of the Undivided Share
10.4 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (including Common Areas and Installations Roof Area) of the Buildings and/or other areas in the Buildings and/or the Land comprised in Premises by putting up hoardings, display signs, neon signs, lighted displays, etc. without being required to pay any charges for the said Premises to be carried out in favour same, other than payment of electricity consumed on actuals, and no one including the Unit Owners and the Association / Maintenance Company shall be entitled to object or elseto hinder the same in any manner whatsoever.
10.5 Save and except the right of obtaining housing loan in terms of Clause 18 below, then the deed of conveyance Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him the Allottee after payment of all amounts by the Allottee.
10.6 The Deed of Conveyance and all other papers and documents in respect of the said Apartment Unit and the Premises shall be so executed prepared and registered finalised by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 (fifteen) days of being required by the Promoter and Land Owners in favour of after complying with all obligations that are necessary for the same. In default, the Allottee (i.e. sans shall be responsible and liable for all losses and damages that the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Promoter may suffer.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Vendors, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, corporation and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Vendors to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Vendors is made by the Allottee. All liabilities owing .
10.2 Neither any of the (i) open and covered spaces in the Building and the said Land not included in the Common Areas mentioned in Schedule E, (ii) Roof of the Building at the Premises excluding the Common Roof Area, (iii) other Apartments, Apartment Units and Parking Spaces in the Building (except the right to such non-registration park medium sized car(s) in the said Parking Space) and/or the Premises, (iv) right of further construction on any part of the open land/space comprised in the said Land or raising of any additional floor/storey/construction on the roof of the Building including the Common Roof Area and (v) Exclusive Private Roof Area Rights in respect of the Exclusive Private Roof Area in as much as the same shall belong exclusively to the Owners is intended to be transferred, nor the same shall be transferred in favour of the Allottee in as much as the same shall belong exclusively to the account Promoter/Owners and the Allottee shall have no right, title, interest, claim or entitlement whatsoever in respect thereof and the Promoter/Owners shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by the Promoter/Owners in their absolute discretion, without any reference to the Allottee who hereby consents to the same and hereby disclaims, relinquishes, releases and/or waives any right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or any equity, in favour of the Promoter/Owners.
10.3 The right of the Allottee regarding the Undivided Share shall be variable depending on Additional/Further Constructions, if any, made by the Vendors from time to time and the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Total Price / Agreed Consideration and no claim can be raised regarding the same by the Allottee and the Allottee shall indemnify not be entitled to and keep covenants not to demand any refund out of the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred Total Price / Agreed Consideration paid by the Promoter. Allottee on the ground of or by reason of any variation of the Undivided Share.
10.4 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (including Common Roof Area) of the Building and/or other areas in the Building and/or the Premises by putting up hoardings, display signs, neon signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the Apartment Owners and the Land Owners have agreed Association shall be entitled to sell object or to hinder the same in any manner whatsoever.
10.5 Save and transfer except the proportionate undivided indivisible impartible variable share right of obtaining housing loan in the Common Areas and Installations attributable to the Apartment for the benefit of terms Clause 18 below, the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company not have any right or else, then the deed of conveyance lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.6 The Deed of Conveyance and all other papers and documents in respect of the said Apartment Unit and the Premises shall be so executed prepared and registered finalised by the Promoter Project Advocates and Land Owners in favour of the Allottee (i.e. sans has agreed and undertaken to accept and execute the proportionate share in same within 15 days of being required by the Common Areas Promoter/Owners after complying with all obligations that are necessary for the same. In default, the Allottee shall be responsible and Installations and/or liable for all losses and damages that the proportionate share in the Land comprised in the said Premises, as applicable)Promoter/Owners may suffer.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. Promoter for sale of the Apartment in favour of the Allottee without claiming any consideration or additional consideration from the Allottee. The Land Owners' obligation is limited to transfer of land comprised in the said Premises, which may either be in favour of Allottees individually or the Association of Allottees, as may be applicable. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate undivided indivisible variable share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or and/ or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or and registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or and/ or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter shall, within three(3) months of registration of the Society or Association or Limited Company, as aforesaid cause to be transferred to the Society or Limited Company all the right title and the interest of the Vendor /Lessor/Original Owner/Promoter and/or the Owners in the said structure of the Building or wing in which the said Apartment is situated. The Promoter, on receipt of total Total Price of the Apartment and the Total Extras and Deposits as per para 1.2 under the this Agreement from the Allottee and other amounts elsewhere herein mentioned, Allottee(s) shall execute a conveyance deed Deed of Conveyance and convey the title of the Apartment together with proportionate indivisible the prorata share in the common areas Common Areas of the Project within 3 (three) months from the date of issuance of the occupancy certificate or and/or the completion certificate, as the case may be, to the AllotteeAllottee(s). Provided thatThat, in the absence of local law, the conveyance deed Deed of Conveyance in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / certificate/completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails Allottee(s) fail(s) to deposit the stamp duty and/or registration charges and/or other charges and miscellaneous incidental expenses within the period mention mentioned in the notice, the Allottee authorized Allottee(s) authorize(s) the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and/or other charges to the promoter Promoter is made by the AllotteeAllottee(s). All liabilities owing to such non-registration shall be to the account of the Allottee Allottee(s) and the Allottee Allottee(s) shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages loss damage costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total complete amount of the Price of the Apartment as per para 1.2 said Unit under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey transfer the title of the Apartment said Unit together with proportionate indivisible share in the inthe common areas within 3 (three) months from the date of issuance of the completion / occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificateapplicable. However, the Promoter may require execution of the Sale Conveyance Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee theAllottee executes and/or is ready and willing to execute the conveyance Conveyance Deed simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mention mentioned in the noticedemand letter, theAllottee authorizes the Allottee authorized the promoter Promoter to withhold registration of the conveyance deed Conveyance Deed in his/her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter Promoter is made madeby the Allottee. The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies / penalties imposed by the Allotteecompetent authority(ies). All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer are intended to be carried out transferred by the Promoter in favour of the Association / Maintenance CompanyAssociation, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee shall be a member, as mandated by law, and the Allottee hereby agrees. It is expressly agreed consents to the same and made clear that the Allottee and all other allottees shall do all acts deeds and things in case the laws for time being in force require the transfer of the Common Areas connection therewith and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or elsebear and pay all stamp duty registration fees and other charges proportionately, then if and as applicable, and accordingly the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of favourof the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable). The Allottee and the other allottees shall keep the Promoter fully indemnified with regard to the aforesaid provisions.
Appears in 1 contract
Samples: Not Specified
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment row house[Apartment/Plot] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment together row house[Apartment/Plot]together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance receipt of the full paymentissuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration charges and mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the row house as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual plot, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and management and supervision of the project including common areas, facilities and amenities and the Promoter shall not be responsible for the same. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedfor residential usage along with Parking (if applicable), shall execute a conveyance deed and convey the title in favour of the Apartment together with proportionate indivisible share in the common areas Allottee preferably within 3 (three) months but not later than 6 (six) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allotteepossession . Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to is equipped with all the Allottee specifications, amenities, facilities as per the agreed terms and the Promoter shall not be obliged to deliver possession conditions and Common Areas as provided under Rule 2(1)(f) of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. Rules, 2017 However, in case case, the Allottee fails to deposit the stamp duty and/or and / or registration charges, other ancillary charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed and possession in his/his / her favour till payment of such stamp duty and duty, registration charges, other ancillary charges to the promoter is made are paid by the Allottee. All liabilities owing Allottee to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter shall be responsible to provide and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share maintain essential services in the Common Areas and Installations attributable Project till the taking over of the maintenance of the Project by the association of allottees or competent authority, as the case may be, upon the issuance of the occupation certificate / part thereof, part completion certificate / completion certificate of the Project, as the case may be. The Allottee undertakes to pay maintenance charges as provided for in the Apartment for the benefit of maintenance agreement (to be separately executed between the Allottee and unless the laws for maintenance agency appointed by the Promoter) at the time being in force otherwise requires such sale and transfer to be carried out in favour of handing over the possession of the Association / Maintenance CompanyApartment. Once the maintenance of the Project is handed over to the association of allottees or competent authority, as the case may be, the same Allottee shall pay the maintenance charges to the said association of allottees or the maintenance agency appointed by it. At the time of handing over of the maintenance of the Project, the Interest Free Maintenance Security Deposit (IFMSD) paid by the Allottee shall be conveyed in favour transferred to the association of allottees or competent authority, as the Allottee as part case may be. In case the Allottee/ association of allottees fails to take possession of the said Unitessential services as envisaged in the Agreement or prevalent laws governing the same, then in such case, the Promoter has right to which recover such amount as may be spent on maintaining such essential services beyond the date of occupation certificate /part thereof from the Allottee hereby agreeson pro-rata basis. It is expressly agreed and Power back-up for the installed electrical load for the Apartment shall be made clear that available subject to timely payment of maintenance charges by the Allottee. The Allottee shall not be entitled to claim any damage / loss whether direct or consequential from the Promoter / maintenance agency or any entity providing the power back-up in case the laws for time being in force require event of low voltage, low frequency, inconsistent, erratic or non-availability of such power back-up or any failure due to any reason beyond the transfer control of the Common Areas Promoter and Installations and/or / or the Land comprised in maintenance agency / any other entity providing the said Premises to be carried out in favour of power back-up. The provision for the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit power back-up shall be so executed and registered done through DG Sets, capacity for which shall be decided by the Promoter considering a suitable diversity and Land Owners in favour load factor and shall be subject to the Applicable Laws. The Allottee shall make use of the Allottee (i.e. sans the proportionate share in the Common Areas energy efficient light fixtures and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)fittings.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Land Owners / Promoter on receipt of total complete amount of the Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mention in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter is made by the Allottee. The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies / penalties imposed by the competent authority(ies) All liabilities owing to such non-non- registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable). The cost of stamp duty and registration fees etc., will be borne and paid by the Allottee proportionately.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment [Apartment/Plot] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment [Apartment/Plot] together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of receipt of the full payment issuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration charges and mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the apartment as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual apartment, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and management and supervision of the Project including common areas, facilities and amenities and the Promoter shall not be responsible for the same. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Vendors, on receipt of total Total Price of the said Apartment as per para Clause 1.2 under and Additional Liabilities and Deposits mentioned in Schedule G and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, corporation and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Vendors to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Vendors is made by the Allottee. All liabilities owing .
10.2 Any of the following is not intended to such non-registration and shall not be to the account transferred in favour of the Allottee and the Allottee shall indemnify have no right, title, interest, claim or entitlement whatsoever in respect thereof :
a) Open and keep covered spaces in the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter Building and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share Premises not included in the Common Areas mentioned in Schedule E hereto;
b) Other Apartments, Apartment Units and Installations attributable Parking Spaces (except the right to park car(s) in the said Parking Space) in the Building and/or the Premises;
c) Right of further construction on any part of the open land/space comprised in the Premises or raising of any additional floor/storey/construction over the Common Roof Area of the Building;
10.3 In respect of the Apartment Units, other spaces, properties and rights which are not intended to be transferred to the Apartment for Allottee as aforesaid, the benefit Vendors shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by them in their absolute discretion, without any reference to the Allottee. The Allottee hereby consents to the same and unless the laws for the time being in force otherwise requires such sale undertakes and transfer covenants not to raise any claim or create or cause to be carried out created any obstruction or hindrance whatsoever regarding the same. The Allottee has irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right, title, interest in the other Apartment Units at the Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaims, relinquishes, releases and/or waives in favour of the Association / Maintenance CompanyVendors and/or the other Apartment Owners, as the same shall case may be, all right, title, interest, entitlement or claim that the Allottee may be conveyed entitled to, both in law or in equity, into or upon the other parts and portions of the Building and the Premises excepting those which are being expressly agreed to be transferred in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly by this Agreement and has agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised such provision would also be included in the said Premises Deed of Conveyance to be carried out executed in favour of the Association / Maintenance Company or else, then the deed of conveyance Allottee in respect of the said Unit Apartment Unit.
10.4 The proportionate share of the Allottee in respect of any matter referred to under this Agreement shall be so executed and registered such as may be determined by the Promoter and Land Owners in favour the Allottee has agreed and undertaken to accept the same notwithstanding there being minor variations.
10.5 The right of the Allottee (i.e. sans regarding the proportionate share Undivided Share shall be variable depending on further / additional vertical and/or horizontal or other constructions, if any, made by the Vendors from time to time and the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Agreed Consideration / Total Price and no claim can be raised regarding the same by the Allottee and the Allottee shall not be entitled to and covenants not to demand any refund out of the Agreed Consideration / Total Price paid by the Allottee on the ground of or by reason of any variation of the Undivided Share.
10.6 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the Common Roof Area of the Building and/or other areas and walls of the Building and/or the Premises by putting up hoardings, display signs, neon signs, LED signage, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the Apartment Owners and the Association shall be entitled to object or to hinder the same in any manner whatsoever.
10.7 Save and except the right of obtaining housing loan in terms of Clause 18 below, the Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.8 The Promoter may permit and/or grant rights to outside/third parties against payment of consideration/charges to the Promoter for setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems on the Common Roof Area and the Common Areas of the Building and Installations no one including the Apartment Owners and the Association shall be entitled to object to or hinder the same in any manner whatsoever. All consideration, revenues, security deposits, recurring charges, etc. for the same shall belong exclusively to the Promoter.
10.9 The Deed of Conveyance and all other papers and documents in respect of the said Apartment Unit and the Premises shall be prepared and finalised by the Project Advocates and the Allottee has agreed and undertaken to accept, execute, complete and deliver the same within 30 days of being required by the Owner and/or the proportionate share in Promoter after complying with all obligations that are necessary for the Land comprised in same. In default, the said Premises, as applicable)Allottee shall be responsible and liable for all losses and damages that the Owner and/or the Promoter may suffer.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. .However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried c arried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. HoweverH owever, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall sha ll not be obliged to deliver possession of the Apartment to the Allottee Xxxxxx xx unless the Allottee executes and/or and/ or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or and/ or registration charges within the period mention m ention in the notice, the Allottee authorized the promoter to withhold registration of the conveyance deed in his/his/ her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration shall non -registration sha ll be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all al l losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the PromoterPromoter . The Promoter and the Land Owners have has agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said UnitDesignated Unit , to which the Allottee hereby agrees. It is expressly expressl y agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Designated Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicableInstallations).
Appears in 1 contract
Samples: Unit Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment plot/duplex[Apartment/Plot] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment together plot/duplex[Apartment/Plot]together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance receipt of the full paymentissuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration chargesand mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration chargesand mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the plot/duplex as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual plot/duplex, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the M.P. PrakosthaSwamitvaAdhiniyam 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment plot as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas plot within 3 (three) months from the date of issuance receipt of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionfull payment. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration chargesand mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the plot as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual plot, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in to the Allotteeand the common areas to the Association of the Allottees within 3 (three) months from the date of issuance of the occupancy certificate or certificateor the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. .However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. Land Owners’Confirmation:The Promoter and Land Owners have been made party to these presents to confirm the Allottee that the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share shall join in the Common Areas and Installations attributable as party to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed deed/s of conveyance in respect of the said Unit shall or transfer that would be so executed and registered by the Promoter and Land Owners for sale of the Apartment in favour of the Allottee (i.e. sans Allotteeand the proportionate share in common areas to the Common Areas and Installations and/or Association of the proportionate share in Allottees without claiming any consideration or additional consideration from the Allottee. The Land Owners' obligation is limited to transfer of land comprised in the said Premises, as applicable)Premises in terms of the Development Agreements.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total complete amount of the Total Price of the Said Apartment and Appurtenances along with all other charges as per para 1.2 demanded by the Promoter (as provided in Schedule C under the Agreement Agreement) from the Allottee and other amounts elsewhere herein mentionedAllottees, shall execute a conveyance deed drafted by the Promoter’s legal advisors and convey the title of the Said Apartment together with proportionate indivisible share in the common areas and Appurtenances within 3 (three) months from the date of issuance of the occupancy completion certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possessionAllottees. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold the possession of the Said Apartment and subsequently the registration of the conveyance deed in his/her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1899 including any actions taken or deficiencies/penalties imposed by the competent authority(ies) and further the Allottees shall be bound by its obligations as morefully mentioned in this Agreement. In this regard it is clarified that in addition to the account Total Price, the Allottees shall make payment of the Allottee legal fees for drafting of this Agreement and the Allottee all such further documents. Such fees along with Stamp duty/registration fees and fixed miscellaneous expenses for each registration and all other fees and charges, if any, shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred borne by the PromoterAllottees and paid 15 (fifteen) days prior to the date of registration. The Promoter fee and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable costs shall be paid to the Apartment for Promoter, who shall do all accounting with the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Legal Advisors.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment Plot/Bungalow [Apartment/Plot/Bungalow] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment Plot/Bungalow [Apartment/Plot/Bungalow] together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of receipt of the full payment issuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration charges and mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the Plot/Bungalow as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual Plot/Bungalow, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Vendors, on receipt of total Total Price of the said Apartment as per para 1.2 under Clause1.2 and Additional Liabilities and Xxxxxxxx mentioned in Schedule Gandall other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, municipaland other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible share in variable undivided impartibleshare inthe Common Areas including the common areas said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges within and/or incidental expenseswithin the period mention mentioned in the notice, the Allottee authorized authorizes the promoter to Vendorsto withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter is Vendorsis made by the Allottee. All liabilities owing .
10.2 Any of the following is not intended to such non-registration and shall not be to the account transferred in favour of the Allottee and the Allottee shall indemnify Allotteeshall have no right, title, interest, claim or entitlement whatsoever or howsoever in respect thereof:
a) Open and keep covered spaces in the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter Buildings and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share Premises not included in the Common Areas mentioned in ScheduleE hereto;
b) Other Apartments, Apartment Units, Commercial Space, Commercial Unit, other constructed spaces and Installations attributable Parking Spaces in the Buildings and/or the Premises;
c) Exclusive Open Terrace attached and/or appurtenant to other Units;
d) Right of further construction on any part of the land comprised in the Premises or raising of any additional floor/storey/construction over the roofs of the Buildings including both the Private Roof Area and the Common Roof Area;
e) Private Roof Area along with Private Roof Area Rights in respect of the same which shall belong exclusively to the Apartment for Owner and the benefit Promoter; and
f) Commercial Spaces and Commercial Units as also the right of use of the Allottee Commercial Units which shall belong exclusively to the owners of the Commercial Units only.
10.3 In respect of the Apartments, Apartment Units, Commercial Space,Commercial Unit, other constructed spaces, Parking Spacesand the properties and unless the laws for the time being in force otherwise requires such sale and transfer rights which are not intended to be carried out transferred to the Allottee as aforesaid, the Owner and the Promotershall be entitled to use, utilise, enjoy, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever to any person or entity on such terms and conditions as may be thought fit and proper by the Owner and the Promoterin their absolute discretion, without any reference to the Allottee. The Allotteehereby consents to the same and undertakes and covenants not to raise any claim or create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allotteehas irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right title interest in the other Apartments, Apartment Units, Commercial Space, Commercial Unit, other constructed spaces and Parking Spacesat the Premises and/or the properties and rights which are not intended to be transferred to the Allotteeas aforesaid and also hereby disclaims, relinquishes releases and/or waives in favour of the Association / Maintenance CompanyOwner and/or the Promoterand/or the other Unit Owners, as the same shall case may be, all right, title, interest, entitlement or claim that the Allotteemay be conveyed entitled to, both in law or in equity, into or upon the other parts and portions of the Buildings and the Premises excepting those which are being expressly agreed to be transferred in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly Allotteeby this Agreement and has agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised such provision would also be included in the said Premises Deed of Conveyance to be carried out executed in favour of the Allotteein respect of the said Apartment Unit.
10.4 The proportionate share of the Allottee in respect of any matter referred to under this Agreementshall be such as may be determined by the Promoter and the Allotteehas agreed and undertaken to accept the same notwithstanding there being minor variations.
10.5 The right of the Allottee regarding the Undivided Share shall be variable depending on further / additional vertical and/or horizontal or other constructions,if any, made by the Promoter from time to time and the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Agreed Consideration/Total Price and no claim can be raised regarding the same by the Allottee and the Allotteeshall not be entitled to and covenants not to demand any refund out of theAgreed Consideration/Total Pricepaid by the Allotteeon the ground of or by reason of any variation of the Undivided Share.
10.6 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (including Common Roof Area) of the Buildings and/or other areas in the Buildings and/or the Premises by putting up hoardings, display signs, neon signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actuals, and no one including the UnitOwners and the Association / Maintenance Company shall be entitled to object or elseto hinder the same in any manner whatsoever.
10.7 Save and except the right of obtaining housing loan in terms of Clause 18 below, then the deed of conveyance Allottee shall not have any right or lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.8 The Promoter may permit and/or grant rights to outsider/third parties against payment of consideration/charges to the Owner and the Promoter for setting up communication towers or other installations for mobile telephones, VSAT, Dish and/or other antennas and other communications and satellite systems on the Common Areas of the Buildings and no one including the Unit Owners and the Association shall be so executed and registered entitled to object to or hinder the same in any manner whatsoever. If any refundable Deposit is received from such outsider/third parties, then the same shall be made over by the Promoter to the Association at the time of handing over of maintenance. Further, the recurring monthly consideration/charges, if any, shall be receivable by the Association after handing over of maintenance by the Promoter.
10.9 The Allottee confirms that he has agreed to purchase the said Apartment Unit with full knowledge that he would have no right, title, interest, claim or entitlement in respect of the Private Roof Area in respect of which only the Owner and Land Owners the Promoter shall have Private Roof Area Rights and the same shall be transferable by the Owner and the Promoter independently to any other Unit Owner of the Buildings and the Commercial Unit. The Allottee hereby disclaims, relinquishes, releases and/or waives any right, title, interest, entitlement or claim that the Allotteemay be entitled to, both in law or in equity, in favour of the Allottee (i.e. sans Owner, Promoter, and/or their respective transferees of the proportionate share Private Roof Area and the Commercial Unit and agrees that such provision would also be included in the Common Areas and Installations and/or Deed of Conveyance to be executed in favour of the proportionate share in the Land comprised in Allotteein respect of the said PremisesApartment Unit.
10.10 The Deed of Conveyance and all other papers and documents in respect of the said Apartment Unit and the Premises shall be prepared and finalised by the Project Advocatesand the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter/Ownerafter complying with all obligations that are necessary for the same. In default, as applicable)the Allottee shall be responsible and liable for all losses and damages that the Promoter/Owner may suffer.
10.11 The Common Roof Area shall be demarcated by the Promoter at any time prior to the execution and registration of the Deeds of Conveyance in favour of the Unit Owners or handover possession of the Units to the Unit Owners. The entire ultimate roof area other than the Common Roof Area shall form part of the Private Roof Area. The map of the demarcated Common Roof Area and the Private Roof Area (comprising of Owner’s Private Roof Area and Promoter’s Private Roof Area) shall be annexed to the Deeds of Conveyance.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentioned, shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the common areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention in the notice, the Allottee authorized the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter Promoter is made by the Allottee. All liabilities owing to such non-registration shall be to the account of the Allottee and the Allottee shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable).
Appears in 1 contract
Samples: Conveyance/Sale Deed
CONVEYANCE OF THE SAID APARTMENT. The Promoter promoter on receipt of total Price complete amount of the price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed drafted by the Promoter’s Advocate and convey the title of the Apartment together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy certificate or the completion Occupancy/Completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or duty, registration charges and all other incidental and legal expenses etc so demanded within the period mention mentioned in the noticedemand letter, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/his/ her favour till payment full and final settlement of all dues and stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-registration The Allottee shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, 1989 including any actions taken or deficiencies/ penalties imposed by the competent authority (ies). The Promoter shall, within three months of registration of the Society or Association or Limited Company , as aforesaid cause to be transferred to the account Society or Limited Company all the right title and the interest of the Allottee Vendor /Lessor/Original Owner/Promoter and/or the Owners in the said structure of the Building or wing in which the said Apartment is situated. The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company , as aforesaid cause to be transferred to the Federation/apex body all the right title and the interest of the Vendor /Lessor/Original Owner/Promoter and/or the Owners in the Project Land on which the Building the Building with multiple wings are constructed except the road of approx 7.01 mt width road running from DH road to all the present and future phases. The Allotment is personal and the Allottee shall indemnify and keep not be entitled to transfer, let out, alienate the Apartment without the consent in writing of the Promoter saved harmless PROVIDED HOWEVER after the full payment of the entire price and indemnified of from other amounts and against all losses damages costs claims demands suffered or incurred registered conveyance the Allottee shall be entitled to likely to be suffered or incurred by the Promoter. The Promoter let out, grant, lease and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to mortgage and/or deal with the Apartment for the benefit which no further consent of the Allottee Promoter shall be required. All the provisions contained herein and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour obligations arising hereunder of the Association / Maintenance Company, the same Project shall equally be conveyed in favour applicable to and enforceable against any subsequent Allottees of the Allottee Apartment in case of a transfer, as part of the said Unit, to which obligations go along with the Allottee hereby agrees. It is expressly agreed Apartment for all intents and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)purposes.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment Residential Cum Commercial Plot [Apartment/Residential Cum Commercial Plot] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment Residential Cum Commercial Plot [Apartment/Residential Cum Commercial Plot] together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of receipt of the full payment issuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till until payment of stamp duty and registration charges and mutation charges to the promoter Promoter is made by the AllotteeAllottee along with taking care and/or maintenance of the Residential Cum Commercial Plot as already mentioned in clause 7.3 first above. All liabilities owing Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual Residential Cum Commercial Plot, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Swamitva Adhiniyam 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. The Promoter Promoter, on receipt of total Total Price of the Apartment [Apartment/Plot] as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed and convey the title of the Apartment [Apartment/Plot] together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy certificate or certificate* and the completion certificate, as the case may be, to the Allotteeallottee. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession]. However, in case the Allottee fails to deposit the stamp duty and/or registration charges and mutation charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and mutation charges to the promoter Promoter is made by the Allottee. All liabilities owing along with taking care and/or maintenance of the apartment as already mentioned in clause 7.3 first above. Provided further that the Promoter may instead of executing separate transfer deeds of proportionate common area, along with each individual apartment, may transfer the entire proportionate common area with respect to such non-registration all the units in the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Completion/Occupancy Certificate, as the case may be. It is hereby made clear, that in either case the entire cost of the transfer deed to executed with respect to the proportionate common areas, shall be borne exclusive by each of the Allottee or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and management and supervision of the Project including common areas, facilities and amenities and the Promoter shall not be responsible for the same. Provided further that since the entire proportionate common area shall be transferred to the Association of the Allottees by operation and in compliance of the provisions of the Act, without any consideration to be paid to the Promoter, therefore the transfer of the proportionate common area to the Association of Allottees, shall always be deemed to be without payment of any consideration to the Promoter so as not to add any amount to the Capital Gain or consequent Income Tax to the account of the Allottee Promoter and the Allottee it shall indemnify and keep the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely always be deemed to be suffered or incurred a transfer by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit operation of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance in respect of the said Unit shall be so executed and registered by the Promoter and Land Owners in favour of the Allottee (i.e. sans the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)law.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID APARTMENT. The Promoter on receipt of total Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee and other amounts elsewhere herein mentionedAllottee, shall execute a conveyance deed Conveyance Deed and convey the title in respect of the Apartment together with proportionate indivisible share in the common areas Common Areas within 3 (three) months from the date of issuance of the occupancy certificate or and the completion certificate, as the case may be, to the Allottee. allottee: Provided that, in the absence of local law, the conveyance Conveyance deed in favour of the Allottee allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. However, in case the Allottee fails to deposit the stamp duty and/or registration charges within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance Conveyance deed in his/her favour till payment of stamp duty and registration charges to the promoter is made by the Allottee. All liabilities owing to such non-.
10.1 Nomination by Allottee with Consent: The Allottee admits and accepts that before execution and registration shall be to the account of Conveyance deed of the Allottee and Said Apartment And Appurtenances, the Allottee shall indemnify be entitled to nominate, assign and/or Transfer the Allottee’s right, title, interest and keep the Promoter saved harmless and indemnified obligations under this Agreement on payment of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred by the Promoter. The Promoter and the Land Owners have agreed to sell and transfer the proportionate undivided indivisible impartible variable share in the Common Areas and Installations attributable to the Apartment for the benefit 5% (five percent) of the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company or else, then the deed of conveyance market price in respect of the said Unit apartment and appurtenances as may be prevailing at that time (to be determined by the Promoter) plus the amount of applicable taxes as nomination charge to the Promoter subject to the covenant by the nominee that the nominee shall be so executed strictly adhere to the terms of this Agreement and registered by shall obtain prior written permission of the Promoter and Land Owners in favour that the Allottee and the nominee shall be bound to enter into a tripartite agreement with the Promoter.
10.2 No Nomination Charges for Parent, Spouse and Children: Subject to the approval and acceptance of the Promoter and subject to the above conditions, the Allottee (i.e. sans shall be entitled to nominate, assign and/or Transfer the proportionate share in Allottee’s right, title and interest and obligations under this Agreement to parent, spouse and children, without payment of the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)aforesaid nomination charge.
Appears in 1 contract
Samples: Sale Agreement
CONVEYANCE OF THE SAID APARTMENT. 10.1 The Promoter Promoter, on receipt of total Total Price of the said Apartment as per para 1.2 under Clause1.2 and Additional Liabilities and Xxxxxxxx mentioned in Schedule C and all other amounts or dues payable by the Agreement Allottee hereunder or in law in respect of the said Apartment Unit including Maintenance Charges, electricity charges, corporation and other taxes and levies and other outgoings from the Allottee and other amounts elsewhere herein mentioneddue compliance by the Allottee of all his obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the Apartment said Apartment, the said Parking Space together with proportionate indivisible variable undivided impartible share in the common areas Common Areas including the said Undivided Share within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee. Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate. However, the Promoter may require execution of the Sale Deed in favour of the Allottee simultaneously with the delivery of possession of the Apartment to the Allottee and the Promoter shall not be obliged to deliver possession of the Apartment to the Allottee unless the Allottee executes and/or is ready and willing to execute the conveyance simultaneously with such delivery of possession. : However, in case the Allottee fails to deposit pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mention mentioned in the notice, the Allottee authorized authorizes the promoter Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges and incidental expenses to the promoter Promoter is made by the Allottee. All liabilities owing .
10.2 Neither any of the (i) open and covered spaces in the Buildings and the Land not included in the Common Areas mentioned in Schedule E,(ii) other Apartment Units, and Parking Spaces in the Buildings (except the right to such non-registration park medium sized car(s) in the said Parking Space) and/or the Premises, (iii)right of further construction on any part of the open land/space comprised in the Landor raising of any additional floor/storey/construction on the roofs of the Buildings including the Common Roof Area and and the Allottee shall have no right, title, interest, claim or entitlement whatsoever in respect thereof and the Vendors shall be entitled to use, utilise, transfer, alienate, part with possession, deal with or dispose of the same in any manner whatsoever on such terms and conditions as may be thought fit and proper by the Vendors in their absolute discretion, without any reference to the account Allottee who hereby consents to the same and hereby disclaims, relinquishes, releases and/or waives any right, title, interest, entitlement or claim that the Allotteemay be entitled to, both in law or any equity, in favour of the Vendors.
10.3 The right of the Allottee regarding the Undivided Share shall be variable depending on Additional/Further Constructions, if any, made by the Promoter from time to time and the Allottee hereby irrevocably consents to the same. Any such variation shall not affect the Total Price / Agreed Consideration and no claim can be raised regarding the same by the Allottee and the Allottee shall indemnify not be entitled to and keep covenants not to demand any refund out of the Promoter saved harmless and indemnified of from and against all losses damages costs claims demands suffered or incurred to likely to be suffered or incurred Total Price / Agreed Consideration paid by the Promoter. Allottee on the ground of or by reason of any variation of the Undivided Share
10.4 The Promoter shall be entitled at all times to install, display and maintain its name and/or logo on the roofs (including Common Roof Area) of the Buildings and/or other areas in the Buildings and/or the Premises by putting up hoardings, display signs, neon signs, lighted displays, etc. without being required to pay any charges for the same, other than payment of electricity consumed on actual, and no one including the Unit Owners and the Land Owners have agreed Association shall be entitled to sell object or to hinder the same in any manner whatsoever.
10.5 Save and transfer except the proportionate undivided indivisible impartible variable share right of obtaining housing loan in the Common Areas and Installations attributable to the Apartment for the benefit terms of Clause 18 below, the Allottee and unless the laws for the time being in force otherwise requires such sale and transfer to be carried out in favour of the Association / Maintenance Company, the same shall be conveyed in favour of the Allottee as part of the said Unit, to which the Allottee hereby agrees. It is expressly agreed and made clear that in case the laws for time being in force require the transfer of the Common Areas and Installations and/or the Land comprised in the said Premises to be carried out in favour of the Association / Maintenance Company not have any right or else, then the deed of conveyance lien in respect of the said Apartment Unit till physical possession is made over to him after payment of all amounts by the Allottee.
10.6 The Deed of Conveyance and all other papers and documents in respect of the said Apartment Unit and the Premises shall be so executed prepared and registered finalised by the Project Advocates and the Allottee has agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter and Land Owners in favour of after complying with all obligations that are necessary for the same. In default, the Allottee (i.e. sans shall be responsible and liable for all losses and damages that the proportionate share in the Common Areas and Installations and/or the proportionate share in the Land comprised in the said Premises, as applicable)Promoter may suffer.
Appears in 1 contract
Samples: Sale Agreement