CONVEYANCE OF THE SAID FLAT. 10.1 The Sellers, on receipt of Total Price of the said Flat as per Clause 1.2 and Extras and Deposits mentioned in Schedule G and all other amounts or dues payable by the Allottee hereunder or in law in respect of the said Flat Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings from the Allottee and due compliance by the Allottee of all their obligations under this Agreement or otherwise under law, shall execute a conveyance deed and convey the title of the said Flat, the said Parking Space together with proportionate indivisible variable undivided impartible share in the Common Areas including the said Undivided Share within 3 months from the date of issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee: However, in case the Allottee fail to pay any amount including depositing the stamp duty and/or registration charges and/or incidental expenses within the period mentioned in the notice, the Allottee authorizes the Sellers to withhold registration of the conveyance deed in their favour till payment of stamp duty and registration charges and incidental expenses to the Sellers is made by the Allottee. 10.2 Any of the following is not intended to and shall not be transferred in favour of the Allottee and the Allottee shall have no right, title, interest, claim or entitlement whatsoever or howsoever in respect thereof: a) Open and covered spaces in the Building and the Said Premises not included in the Common Areas mentioned in Schedule E hereto; b) Other flats, flat Units, other constructed spaces and Parking Spaces in the Building and/or the Said 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 Said Premises or raising of any additional floor/story/construction over the roof of the Building 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 Promoter; and 10.3 In respect of the flats, Flat Units, other constructed spaces, Parking Spaces and the properties and rights which are not intended to be transferred to the Allottee as aforesaid, the Owners and the Promoter shall 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 Owners and the Promoter in their absolute discretion, without any reference to the Allottee. The Allottee hereby consent to the same and undertake and covenant not to raise any claim or create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allottee have irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right title interest in the other flats, flat Units, other constructed spaces and Parking Spaces at the Said Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaim, relinquish release and/or waive in favour of the Owners and/or the Promoter and/or the other Unit Owners, as the case may be, all right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or in equity, into or upon the other parts and portions of the Building and the Said Premises excepting those which are being expressly agreed to be transferred in favour of the Allottee by this Agreement and has agreed that such provision would also be included in the Deed of Conveyance to be executed in favour of the Allottee in respect of the said Flat Unit. 10.4 The proportionate share of the Allottee in respect of any matter referred to under this Agreement shall be such as may be determined by the Promoter and the Allottee have 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 consent 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 covenant 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 roof (including Common Roof Area) of the Building and/or other areas in the Building and/or the Said 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 Unit 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 Flat Unit till physical possession is made over to them 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 Owners 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 Building and no one including the Unit Owners and the Association shall be 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 confirm that they have agreed to purchase the said Flat Unit with full knowledge that they would have no right, title, interest, claim or entitlement in respect of the Private Roof Area in respect of which only the Promoter shall have Private Roof Area Rights and the same shall be transferable by the Promoter independently to any other Unit Owner of the Building. The Allottee hereby disclaim, relinquish, release and/or waive any right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or in equity, in favour of the Promoter, and/or its transferees of the Private Roof Area and agree that such provision would also be included in the Deed of Conveyance to be executed in favour of the Allottee in respect of the said Flat Unit. 10.10 The Deed of Conveyance and all other papers and documents in respect of the said Flat Unit and the Said Premises shall be prepared and finalised by the Project Advocate and the Allottee have agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter/Owners 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/Owners 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 Promoter’s Private Roof Area shall be annexed to the Deeds of Conveyance.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
CONVEYANCE OF THE SAID FLAT. 10.1 The SellersPromoter, on receipt of Total Price of the said Flat flat as per Clause para 1.2 and Extras and Deposits mentioned in Schedule G and all other amounts or dues payable by under the Allottee hereunder or in law in respect of the said Flat Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings Agreement from the Allottee and due compliance by the Allottee of all their obligations under this Agreement or otherwise under lawAllottee, shall execute a conveyance deed and convey the title of the said Flat, the said Parking Space together with proportionate indivisible variable undivided impartible share in the Common Areas including the said Undivided Share flat within 3 months from the date of receipt of the full payment issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee: 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 months from the date of issue of occupancy certificate]. However, in case the Allottee fail fails to pay any amount including depositing deposit the stamp duty and/or registration charges and/or incidental expenses and mutation charges within the period mentioned in the notice, the Allottee authorizes the Sellers Promoter to withhold registration of the conveyance deed in their his/her favour till until payment of stamp duty and registration charges and incidental expenses mutation charges to the Sellers Promoter is made by the Allottee.
10.2 Any Allottee along with taking care and/or maintenance of the following is not intended flat 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 plot, may transfer the entire proportionate common area with respect to and shall not be transferred all the units in favour the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the Allottee and X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Allottee shall have no right, title, interest, claim or entitlement whatsoever or howsoever in respect thereof:
a) Open and covered spaces in the Building and the Said Premises not included in the Common Areas mentioned in Schedule E hereto;
b) Other flats, flat Units, other constructed spaces and Parking Spaces in the Building and/or the Said 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 Said Premises or raising of any additional floorCompletion/story/construction over the roof of the Building 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 Promoter; and
10.3 In respect of the flats, Flat Units, other constructed spaces, Parking Spaces and the properties and rights which are not intended to be transferred to the Allottee as aforesaid, the Owners and the Promoter shall 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 Owners and the Promoter in their absolute discretion, without any reference to the Allottee. The Allottee hereby consent to the same and undertake and covenant not to raise any claim or create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allottee have irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right title interest in the other flats, flat Units, other constructed spaces and Parking Spaces at the Said Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaim, relinquish release and/or waive in favour of the Owners and/or the Promoter and/or the other Unit OwnersOccupancy Certificate, as the case may be. It is hereby made clear, all right, title, interest, entitlement or claim that in either case the Allottee may be entitled to, both in law or in equity, into or upon the other parts and portions entire cost of the Building and transfer deed to executed with respect to the Said Premises excepting those which are being expressly agreed to proportionate common areas, shall be transferred in favour borne exclusive by each of the Allottee by this Agreement or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and has agreed that such provision would also be included in the Deed of Conveyance to be executed in favour management and supervision of the Allottee in respect of the said Flat Unit.
10.4 The proportionate share of the Allottee in respect of any matter referred to under this Agreement shall be such as may be determined by project including common areas, facilities and amenities and the Promoter and the Allottee have 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 consent 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 covenant 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 roof (including Common Roof Area) of the Building and/or other areas in the Building and/or the Said 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 Unit 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 Flat Unit till physical possession is made over to them 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 Owners 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 Building and no one including the Unit Owners and the Association shall be 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 confirm that they have agreed to purchase the said Flat Unit with full knowledge that they would have no right, title, interest, claim or entitlement in respect of the Private Roof Area in respect of which only the Promoter shall have Private Roof Area Rights and the same shall be transferable by the Promoter independently to any other Unit Owner of the Building. The Allottee hereby disclaim, relinquish, release and/or waive any right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or in equity, in favour of the Promoter, and/or its transferees of the Private Roof Area and agree that such provision would also be included in the Deed of Conveyance to be executed in favour of the Allottee in respect of the said Flat Unit.
10.10 The Deed of Conveyance and all other papers and documents in respect of the said Flat Unit and the Said Premises shall be prepared and finalised by the Project Advocate and the Allottee have agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter/Owners after complying with all obligations that are necessary responsible for the same. In default, Provided further that since the Allottee entire proportionate common area shall be responsible transferred to the Association of the Allottees by operation and liable for all losses and damages that in compliance of the provisions of the Act, without any consideration to be paid to the Promoter/Owners may suffer.
10.11 The Common Roof Area , therefore the transfer of the proportionate common area to the Association of Allottees, shall always be demarcated by deemed to be without payment of any consideration to the Promoter at so as not to add any time prior amount to the execution and registration Capital Gain or consequent Income Tax to the account of the Deeds Promoter and it shall always be deemed to be a transfer by operation 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 Promoter’s Private Roof Area shall be annexed to the Deeds of Conveyancelaw.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID FLAT. 10.1 The SellersPromoter, on receipt of Total Price of the said Flat flat as per Clause para 1.2 and Extras and Deposits mentioned in Schedule G and all other amounts or dues payable by under the Allottee hereunder or in law in respect of the said Flat Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings Agreement from the Allottee and due compliance by the Allottee of all their obligations under this Agreement or otherwise under lawAllottee, shall execute a conveyance deed and convey the title of the said Flat, the said Parking Space together with proportionate indivisible variable undivided impartible share in the Common Areas including the said Undivided Share flat within 3 months from the date of issuance receipt of the occupancy certificate or full paymentissuance of the completion certificate, as the case may be, to the Allottee: 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 months from the date of issue of occupancy certificate]. However, in case the Allottee fail fails to pay any amount including depositing deposit the stamp duty and/or registration chargesand mutation charges and/or incidental expenses within the period mentioned in the notice, the Allottee authorizes the Sellers Promoter to withhold registration of the conveyance deed in their his/her favour till until payment of stamp duty and registration chargesand mutation charges and incidental expenses to the Sellers Promoter is made by the Allottee.
10.2 Any Allottee along with taking care and/or maintenance of the following is not intended flat 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 plot, may transfer the entire proportionate common area with respect to and shall not be transferred all the units in favour the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the Allottee and X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Allottee shall have no right, title, interest, claim or entitlement whatsoever or howsoever in respect thereof:
a) Open and covered spaces in the Building and the Said Premises not included in the Common Areas mentioned in Schedule E hereto;
b) Other flats, flat Units, other constructed spaces and Parking Spaces in the Building and/or the Said 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 Said Premises or raising of any additional floorCompletion/story/construction over the roof of the Building 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 Promoter; and
10.3 In respect of the flats, Flat Units, other constructed spaces, Parking Spaces and the properties and rights which are not intended to be transferred to the Allottee as aforesaid, the Owners and the Promoter shall 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 Owners and the Promoter in their absolute discretion, without any reference to the Allottee. The Allottee hereby consent to the same and undertake and covenant not to raise any claim or create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allottee have irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right title interest in the other flats, flat Units, other constructed spaces and Parking Spaces at the Said Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaim, relinquish release and/or waive in favour of the Owners and/or the Promoter and/or the other Unit OwnersOccupancy Certificate, as the case may be. It is hereby made clear, all right, title, interest, entitlement or claim that in either case the Allottee may be entitled to, both in law or in equity, into or upon the other parts and portions entire cost of the Building and transfer deed to executed with respect to the Said Premises excepting those which are being expressly agreed to proportionate common areas, shall be transferred in favour borne exclusive by each of the Allottee by this Agreement or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and has agreed that such provision would also be included in the Deed of Conveyance to be executed in favour management and supervision of the Allottee in respect of the said Flat Unit.
10.4 The proportionate share of the Allottee in respect of any matter referred to under this Agreement shall be such as may be determined by project including common areas, facilities and amenities and the Promoter and the Allottee have 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 consent 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 covenant 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 roof (including Common Roof Area) of the Building and/or other areas in the Building and/or the Said 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 Unit 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 Flat Unit till physical possession is made over to them 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 Owners 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 Building and no one including the Unit Owners and the Association shall be 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 confirm that they have agreed to purchase the said Flat Unit with full knowledge that they would have no right, title, interest, claim or entitlement in respect of the Private Roof Area in respect of which only the Promoter shall have Private Roof Area Rights and the same shall be transferable by the Promoter independently to any other Unit Owner of the Building. The Allottee hereby disclaim, relinquish, release and/or waive any right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or in equity, in favour of the Promoter, and/or its transferees of the Private Roof Area and agree that such provision would also be included in the Deed of Conveyance to be executed in favour of the Allottee in respect of the said Flat Unit.
10.10 The Deed of Conveyance and all other papers and documents in respect of the said Flat Unit and the Said Premises shall be prepared and finalised by the Project Advocate and the Allottee have agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter/Owners after complying with all obligations that are necessary responsible for the same. In default, Provided further that since the Allottee entire proportionate common area shall be responsible transferred to the Association of the Allottees by operation and liable for all losses and damages that in compliance of the provisions of the Act, without any consideration to be paid to the Promoter/Owners may suffer.
10.11 The Common Roof Area , therefore the transfer of the proportionate common area to the Association of Allottees, shall always be demarcated by deemed to be without payment of any consideration to the Promoter at so as not to add any time prior amount to the execution and registration Capital Gain or consequent Income Tax to the account of the Deeds Promoter and it shall always be deemed to be a transfer by operation 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 Promoter’s Private Roof Area shall be annexed to the Deeds of Conveyancelaw.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID FLAT. 10.1 The SellersPromoter, on receipt of Total Price of the said Flat flat as per Clause para 1.2 and Extras and Deposits mentioned in Schedule G and all other amounts or dues payable by under the Allottee hereunder or in law in respect of the said Flat Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings Agreement from the Allottee and due compliance by the Allottee of all their obligations under this Agreement or otherwise under lawAllottee, shall execute a conveyance deed and convey the title of the said Flat, the said Parking Space together with proportionate indivisible variable undivided impartible share in the Common Areas including the said Undivided Share flat within 3 months from the date of receipt of the full payment issuance of the occupancy certificate or the completion certificate, as the case may be, to the Allottee: 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 months from the date of issue of occupancy certificate]. However, in case the Allottee fail fails to pay any amount including depositing deposit the stamp duty and/or registration charges and/or incidental expenses and mutation charges within the period mentioned in the notice, the Allottee authorizes the Sellers Promoter to withhold registration of the conveyance deed in their his/her favour till until payment of stamp duty and registration charges and incidental expenses mutation charges to the Sellers Promoter is made by the Allottee.
10.2 Any Allottee along with taking care and/or maintenance of the following is not intended flat 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 plot, may transfer the entire proportionate common area with respect to and shall not be transferred all the units in favour the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the Allottee and X.X. Xxxxxxxxx Swamitva Adhiniyam 2002, within three months of obtaining the Allottee shall have no right, title, interest, claim or entitlement whatsoever or howsoever in respect thereof:
a) Open and covered spaces in the Building and the Said Premises not included in the Common Areas mentioned in Schedule E hereto;
b) Other flats, flat Units, other constructed spaces and Parking Spaces in the Building and/or the Said 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 Said Premises or raising of any additional floorCompletion/story/construction over the roof of the Building 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 Promoter; and
10.3 In respect of the flats, Flat Units, other constructed spaces, Parking Spaces and the properties and rights which are not intended to be transferred to the Allottee as aforesaid, the Owners and the Promoter shall 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 Owners and the Promoter in their absolute discretion, without any reference to the Allottee. The Allottee hereby consent to the same and undertake and covenant not to raise any claim or create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allottee have irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right title interest in the other flats, flat Units, other constructed spaces and Parking Spaces at the Said Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaim, relinquish release and/or waive in favour of the Owners and/or the Promoter and/or the other Unit OwnersOccupancy Certificate, as the case may be. It is hereby made clear, all right, title, interest, entitlement or claim that in either case the Allottee may be entitled to, both in law or in equity, into or upon the other parts and portions entire cost of the Building and transfer deed to executed with respect to the Said Premises excepting those which are being expressly agreed to proportionate common areas, shall be transferred in favour borne exclusive by each of the Allottee by this Agreement or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and has agreed that such provision would also be included in the Deed of Conveyance to be executed in favour management and supervision of the Allottee in respect of the said Flat Unit.
10.4 The proportionate share of the Allottee in respect of any matter referred to under this Agreement shall be such as may be determined by project including common areas, facilities and amenities and the Promoter and the Allottee have 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 consent 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 covenant 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 roof (including Common Roof Area) of the Building and/or other areas in the Building and/or the Said 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 Unit 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 Flat Unit till physical possession is made over to them 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 Owners 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 Building and no one including the Unit Owners and the Association shall be 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 confirm that they have agreed to purchase the said Flat Unit with full knowledge that they would have no right, title, interest, claim or entitlement in respect of the Private Roof Area in respect of which only the Promoter shall have Private Roof Area Rights and the same shall be transferable by the Promoter independently to any other Unit Owner of the Building. The Allottee hereby disclaim, relinquish, release and/or waive any right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or in equity, in favour of the Promoter, and/or its transferees of the Private Roof Area and agree that such provision would also be included in the Deed of Conveyance to be executed in favour of the Allottee in respect of the said Flat Unit.
10.10 The Deed of Conveyance and all other papers and documents in respect of the said Flat Unit and the Said Premises shall be prepared and finalised by the Project Advocate and the Allottee have agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter/Owners after complying with all obligations that are necessary responsible for the same. In default, Provided further that since the Allottee entire proportionate common area shall be responsible transferred to the Association of the Allottees by operation and liable for all losses and damages that in compliance of the provisions of the Act, without any consideration to be paid to the Promoter/Owners may suffer.
10.11 The Common Roof Area , therefore the transfer of the proportionate common area to the Association of Allottees, shall always be demarcated by deemed to be without payment of any consideration to the Promoter at so as not to add any time prior amount to the execution and registration Capital Gain or consequent Income Tax to the account of the Deeds Promoter and it shall always be deemed to be a transfer by operation 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 Promoter’s Private Roof Area shall be annexed to the Deeds of Conveyancelaw.
Appears in 1 contract
Samples: Agreement for Sale
CONVEYANCE OF THE SAID FLAT. 10.1 The SellersPromoter, on receipt of Total Price of the said Flat flat [Apartment/Plot] as per Clause para 1.2 and Extras and Deposits mentioned in Schedule G and all other amounts or dues payable by under the Allottee hereunder or in law in respect of the said Flat Unit including Maintenance Charges, electricity charges, municipal and other taxes and levies and other outgoings Agreement from the Allottee and due compliance by the Allottee of all their obligations under this Agreement or otherwise under lawAllottee, shall execute a conveyance deed and convey the title of the said Flat, the said Parking Space flat [Apartment/Plot] together with proportionate indivisible variable undivided impartible share in the Common Areas including the said Undivided Share within 3 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 Allottee: 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 months from the date of issue of occupancy certificate]. However, in case the Allottee fail fails to pay any amount including depositing deposit the stamp duty and/or registration charges and/or incidental expenses and mutation charges within the period mentioned in the notice, the Allottee authorizes the Sellers Promoter to withhold registration of the conveyance deed in their his/her favour till until payment of stamp duty and registration charges and incidental expenses mutation charges to the Sellers Promoter is made by the Allottee.
10.2 Any Allottee along with taking care and/or maintenance of the following is not intended flat 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 plot, may transfer the entire proportionate common area with respect to and shall not be transferred all the units in favour the project, to the Association of Allottees, by executing a single Deed, in accordance with the provisions of the Allottee and X.X. Xxxxxxxxx Xxxxxxxx Xxxxxxxxx 2002, within three months of obtaining the Allottee shall have no right, title, interest, claim or entitlement whatsoever or howsoever in respect thereof:
a) Open and covered spaces in the Building and the Said Premises not included in the Common Areas mentioned in Schedule E hereto;
b) Other flats, flat Units, other constructed spaces and Parking Spaces in the Building and/or the Said 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 Said Premises or raising of any additional floorCompletion/story/construction over the roof of the Building 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 Promoter; and
10.3 In respect of the flats, Flat Units, other constructed spaces, Parking Spaces and the properties and rights which are not intended to be transferred to the Allottee as aforesaid, the Owners and the Promoter shall 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 Owners and the Promoter in their absolute discretion, without any reference to the Allottee. The Allottee hereby consent to the same and undertake and covenant not to raise any claim or create or cause to be created any obstruction or hindrance whatsoever regarding the same. The Allottee have irrevocably and unconditionally agreed and undertaken not to have or be entitled to nor to claim any right title interest in the other flats, flat Units, other constructed spaces and Parking Spaces at the Said Premises and/or the properties and rights which are not intended to be transferred to the Allottee as aforesaid and also hereby disclaim, relinquish release and/or waive in favour of the Owners and/or the Promoter and/or the other Unit OwnersOccupancy Certificate, as the case may be. It is hereby made clear, all right, title, interest, entitlement or claim that in either case the Allottee may be entitled to, both in law or in equity, into or upon the other parts and portions entire cost of the Building and transfer deed to executed with respect to the Said Premises excepting those which are being expressly agreed to proportionate common areas, shall be transferred in favour borne exclusive by each of the Allottee by this Agreement or the Association of Allottees, as the case may be. Post the Society Conveyance, the Society shall be responsible for the operation and has agreed that such provision would also be included in the Deed of Conveyance to be executed in favour management and supervision of the Allottee in respect of the said Flat Unit.
10.4 The proportionate share of the Allottee in respect of any matter referred to under this Agreement shall be such as may be determined by project including common areas, facilities and amenities and the Promoter and the Allottee have 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 consent 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 covenant 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 roof (including Common Roof Area) of the Building and/or other areas in the Building and/or the Said 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 Unit 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 Flat Unit till physical possession is made over to them 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 Owners 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 Building and no one including the Unit Owners and the Association shall be 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 confirm that they have agreed to purchase the said Flat Unit with full knowledge that they would have no right, title, interest, claim or entitlement in respect of the Private Roof Area in respect of which only the Promoter shall have Private Roof Area Rights and the same shall be transferable by the Promoter independently to any other Unit Owner of the Building. The Allottee hereby disclaim, relinquish, release and/or waive any right, title, interest, entitlement or claim that the Allottee may be entitled to, both in law or in equity, in favour of the Promoter, and/or its transferees of the Private Roof Area and agree that such provision would also be included in the Deed of Conveyance to be executed in favour of the Allottee in respect of the said Flat Unit.
10.10 The Deed of Conveyance and all other papers and documents in respect of the said Flat Unit and the Said Premises shall be prepared and finalised by the Project Advocate and the Allottee have agreed and undertaken to accept and execute the same within 15 days of being required by the Promoter/Owners after complying with all obligations that are necessary responsible for the same. In default, Provided further that since the Allottee entire proportionate common area shall be responsible transferred to the Association of the Allottees by operation and liable for all losses and damages that in compliance of the provisions of the Act, without any consideration to be paid to the Promoter/Owners may suffer.
10.11 The Common Roof Area , therefore the transfer of the proportionate common area to the Association of Allottees, shall always be demarcated by deemed to be without payment of any consideration to the Promoter at so as not to add any time prior amount to the execution and registration Capital Gain or consequent Income Tax to the account of the Deeds Promoter and it shall always be deemed to be a transfer by operation 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 Promoter’s Private Roof Area shall be annexed to the Deeds of Conveyancelaw.
Appears in 1 contract
Samples: Agreement for Sale