Common use of POSSESSION OF THE APARTMENT/PLOT Clause in Contracts

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment ]: The Promoter agrees and understands that timely delivery of possession of the [Apartment ] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue ofissue of such notice and the Promoter shall give possession of the [Apartment/Apartment/ Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/Promoter/ association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 90 days of receiving the occupancy certificate*of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Apartment/ Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] onon 30.05.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure’). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shat offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take Possession possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, . the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by Provided that where the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right allottee proposes to cancel/withdraw his allotment in from the Project as provided in project without any fault of the Act:promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 6.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] onApartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ……………………and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the com pleti on of the Project is delayed due to the Force Majeure conditions, then the Allott ee agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apart ment. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter/Developer to implement the project due to Force Xxxxxx conditions, then this allotment shall stand terminated and the Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter/Developer from the allotment within 45 days from that date. The Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of money paid by the Allottee, the Allottee agrees that he/she have any rights, claims etc. against the Promoter/Developer and that the Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 6.2. Procedure for taking possession – possession- The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottees, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment ]: Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures Promoter a ssures to hand over possession of the [Apartment/Plot] onalong with ready and complete common areas with all specifications, amenities and facilities of the project in place on completion of the Project is delayed due to the Force Majeure conditions then the Allottee agr ees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by t he Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she s hall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the required occupancy certificatecertificate /completion certificate * from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certifi cate. [Provided that, in the Promoter shall give possession absence of local law, the conveyance deed in favour of the [Apartment/Plot] to allottee shall be carried out by the Allotteepromoter within 3 months from the date of issue of occupancy certificate /completion certificate ]. The Promoter agrees and undertakes undertake s to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as per the local lawscase may be, to the allottee at the time of conveyance of the same. Cancellation by Allottee – The Allottee At the time of handing over of the possession, the allottee shall have thoroughly inspect the right apartment in respect of all the fitments, installations, workmanship and finishes and taking of possession shall be deemed to cancelmean that the allottee has satisfied him self/withdraw his allotment herself/themselves in respect of all the Project as provided installations and the provisions are intact and in the Act:place and no further complaint in this regard shall be covered/entertained thereafter except those that are covered under clause 12 of this agreement .

Appears in 1 contract

Samples: Agreement for Sale (Flats)

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment ]: Apartment] and or Commercial Shop– The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee / Purchaser and the common areas to the Association of Allottees / Purchasers or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over handover possession of the [Apartment / commercial shop along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on 30th June, 2022 unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of Project is delayed due to the Force Majeure conditions then the Allottee / Purchaser agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment] on, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. 7.2 Procedure for taking possession – possession- The Promoter, upon obtaining the occupancy certificate* completion certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee Allottee(s) / Purchaser (s) in terms of this Agreement to be taken within 3 2 (two) months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favor of the Allottee / Purchaser shall be carried out by the Promoter within three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allotteecompletion certificate]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) / Purchaser (s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee(s) / Purchaser (s), after taking possession, agree(s) to pay the maintenance charges as determined by the PromoterPromoter/ Association of Allottees/ Purchasers, as the case may be, after the issuance of completion certificate for the Project. The Promoter shall handover the completion certificate of the Apartment/association Flat, as the case may be, to the Allottee / Purchaser at the time of conveyance of the same. 7.3 Failure of Allottee / Purchaser to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of Apartment- That if the [Apartment/Plot] from Purchaser fails and/or neglects to pay the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] installments according to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. mode of 7.4 Possession by the Allottee / Purchaser - After obtaining the occupancy certificate* completion certificate and handing over physical possession of the [Apartment/PlotFlat/ Commercial shop] to the AllotteesAllottee /Purchaser, it shall be the responsibility of the Promoter to hand over handover the necessary documents and plansplan, including common areasCommon Areas of the Real Estate Project (as specified in Schedule E below), to the association of the Allottees or the competent authorityallottees / Purchasers, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:upon its formation and registration;

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of One Self-Contained Residential UNIT NO. UNIT NO. ( ) (FROM THE DEVELOPER’S ALLOCATION), more or less admeasuring covered area of more or less Square Feet, Super Built Up Area of more or less sq.ft. on the [Apartment ] First Floor is the essence of the Agreement. The Promoter, based on the approved plans and plansand specifications, assures to hand over possession of the [ApartmentApartment no. 3B with on covered car parking space] on/BEFORE 30.11.2025. , Procedure unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in terms writing within 30 days of this Agreement to be taken within 3 (three months from receiving the date of issue of such notice and the Promoter shall give possession occupancy certificate* of the [Apartment/Plot] to the AllotteeProject. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]Apartment no. 1A with on covered car parking space: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within possessionwithin the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment ]: / Plot] – The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment] to the Allottee and the common areas to the Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over handover possession of the [Apartment] onalong with ready and complete common areas with all specifications, Procedure amenities and facilities of the Project in place on or before 11.12.2028 if unless there is delay or failure due to war, flood, drought, fire, cyclone earthquake or any other calamity caused by nature effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the delivery of possession of the [Apartment/Plot], to . Provided that such Force Majeure conditions are not of a nature which make it impossible for the Allottee in terms of this Agreement contract to be taken within 3 (three months from implemented. The Allottee(s) agrees and confirms that, in the date of issue of such notice event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall give possession of the [Apartment/Plot] refund to the AllotteeAllottee(s) the entire amount received by the Promoter from the Allotment within 45 days from that date. The Promoter agrees and undertakes to indemnify shall intimate the Allottee in case of failure of fulfillment of any about such termination at least thirty days prior to such termination. After refund of the provisionsmoney paid by the Allottee, formalitiesthe Allottee agreed that he/ she shall not have any rights, documentation on part of claims etc. against the PromoterPromoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. The Allottee Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, after the issuance of completion certificate for the Project. The Promoter shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by case may be, to the Allottee – The Allottee shall have at the right to cancel/withdraw his allotment in time of conveyance of the Project as provided in the Act:same.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment ]: Flat :- The Promoter agrees and understands that timely delivery of possession of the [Apartment ] Flat to the allottee and the common areas to the association of allottees or the competent authority, as the case may be. is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment] onFlat along with ready and complete common areas with all specifications. amenities and facilities of the project in place on unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate (‘Force Majeure.”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Flat: Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession – possession: - The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot]Flat, to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried by the Promoter shall give possession within 3 months from the date of the [Apartment/Plot] to the Allotteeissue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be, after the issuance of the completion certificate for the project. The Promoter shall hand over the occupancy certificate of the apartment/ plot, as per the local laws. Cancellation by case may be, to the Allottee – The Allottee shall have at the right to cancel/withdraw his allotment in time of conveyance of the Project as provided in the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on, on Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 6.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] onApartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………………… and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the com pleti on of the Project is delayed due to the Force Majeure conditions, then the Allott ee agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apart ment. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter/Developer to implement the project due to Force Xxxxxx conditions, then this allotment shall stand terminated and the Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter/Developer from the allotment within 45 days from that date. The Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of money paid by the Allottee, the Allottee agrees that he/she have any rights, claims etc. against the Promoter/Developer and that the Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 6.2. Procedure for taking possession – possession- The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottees, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: The Promoter flat/Parking the VENDOR/DEVELOPER agrees and understands that timely delivery of possession of the [Apartment ] Flat/Parking to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, VENDOR/DEVELOPER assures to hand over possession of the [Apartment] onFlat/Parking along with ready and complete common areas with all specifications, amenities and facilities of the project in place on Jairambati, Bankura unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the VENDOR/DEVELOPER shall be entitled to the extension of time for delivery of possession of the Flat. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the VENDOR/DEVELOPER to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the VENDOR/DEVELOPER shall refund to the Allottee the entire amount received by the VENDOR/DEVELOPER from the allotment within 45 days from that date. The VENDOR/DEVELOPER shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the VENDOR/DEVELOPER and that the VENDOR/DEVELOPER shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2. Procedure for taking possession The PromoterVENDOR/DEVELOPER, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [ApartmentFlat/Plot]Parking, to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that. in the Promoter shall give possession absence of local law, the conveyance deed in favour of the [Apartmentallottee shall be carried out by the VENDOR/Plot] to DEVELOPER within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter VENDOR/DEVELOPER agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVENDOR/DEVELOPER. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be after the issuance of the completion certificate for the project. The VENDOR/DEVELOPER shall hand over the occupancy certificate of the apartment/ plot, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment ]: Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] onalong with ready and complete common areas with all specifications, amenities and facilities of the project in place on to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the required occupancy certificate/completion certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the conveyance deed in favour of the [Apartmentallottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate/Plot] to the Allotteecompletion certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as per the local lawscase may be, to the allottee at the time of conveyance of the same. Cancellation by Allottee – The Allottee At the time of handing over of the possession, the allottee shall have thoroughly inspect the right apartment in respect of all the fitments, installations, workmanship and finishes and taking of possession shall be deemed to cancelmean that the allottee has satisfied himself/withdraw his allotment herself/themselves in respect of all the Project as provided installations and the provisions are intact and in the Act:place and no further complaint in this regard shall be covered/entertained thereafter except those that are covered under clause 12 of this agreement .

Appears in 1 contract

Samples: Agreement for Sale (Flats)

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter Promoter/Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment ] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] onApartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ………….. unless there is delay or failure d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' 7.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment ]: / Plot] – The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment] to the Allottee and the common areas to the Association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over handover possession of the [Apartment] onalong with ready and complete common areas with all specifications, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession amenities and facilities of the [Apartment/Plot], to Project in place on Provided that such Force Majeure conditions are not of a nature which make it impossible for the Allottee in terms of this Agreement contract to be taken within 3 (three months from implemented. The Allottee(s) agrees and confirms that, in the date of issue of such notice event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall give possession of the [Apartment/Plot] refund to the AllotteeAllottee(s) the entire amount received by the Promoter from the Allotment within 45 days from that date. The Promoter agrees and undertakes to indemnify shall intimate the Allottee in case of failure of fulfillment of any about such termination at least thirty days prior to such termination. After refund of the provisionsmoney paid by the Allottee, formalitiesthe Allottee agreed that he/ she shall not have any rights, documentation on part of claims etc. against the PromoterPromoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. The Allottee Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Association of Failure Allottees, as the case may be, after the issuance of Allottee completion certificate for the Project. The Promoter shall handover the occupancy certificate of the Apartment, as the case may be, to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession at the time of conveyance of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicablesame. Possession by the Allottee – Allottee- After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the AllotteesAllottee, it shall be the responsibility of the Promoter to hand over handover the necessary documents and plansplan, including common areas, areas to the association Association of the Allottees allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee – The Allottee shall have : Provided that where the right Allottee(s) proposes to cancel/withdraw his allotment in from the Project as provided in without any fault of the Act:Promoter, the Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee(s) shall be returned by the Promoter to the Allottee(s) within forty- five days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment/Plot] - The Promoter Developer agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] to the Allottee/purchaser/purchasers and the common areas to the association of Allottee/purchaser/purchasers or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Developer assures to hand over possession of the [Apartment/Plot] onalong with ready and complete common areas with all specifications, Procedure amenities and facilities of the project in place on unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee/purchaser/purchaser agrees that the Developer shall be entitled to the extension of time for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the delivery of possession of the [Apartment/Plot], to . Provided that such Force Majeure conditions are not of a nature which make it impossible for the Allottee in terms of this Agreement contract to be taken within 3 (three months from implemented. The Allottee/purchaser/purchasers agrees and confirms that, in the date of issue of such notice event it becomes impossible for the Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall give possession of the [Apartment/Plot] refund to the Allottee/purchaser/purchasers the entire amount received by the Developer from the allotment within 45 days from that date. The Promoter agrees and undertakes Developer shall intimate the Allottee/purchaser/purchaser about such termination at least thirty days prior to indemnify the Allottee in case of failure of fulfillment of any such termination. After refund of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined money paid by the PromoterAllottee/association of Failure of Allottee to take Possession of [Apartmentpurchaser/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2purchasers, the Allottee Allottee/purchaser/purchasers agrees that he/ she shall take possession of not have any rights, claims etc. against the [Apartment/Plot] Developer and that the Developer shall be released and discharged from the Promoter by executing necessary indemnities, undertakings all its obligations and such other documentation as prescribed in liabilities under this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] onon 31.12.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure’). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shat offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take Possession possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, . the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by Provided that where the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right allottee proposes to cancel/withdraw his allotment in from the Project as provided in project without any fault of the Act:promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in providedin the Act:

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] onon 04.10.2025, Procedure unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure’). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. possession to the Allottee in terms writing within days of this Agreement to be taken within 3 (three months from receiving the date of issue of such notice and the Promoter shall give possession occupancy certificate* of the [Apartment/Plot] to the Allotteeproject. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, . the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by Provided that where the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right allottee proposes to cancel/withdraw his allotment in from the Project as provided in project without any fault of the Act:promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, areas to the association of the Allottees Allottee or the competent authority, as the case maybe, as per is the essence of the Agreement. The Promoter/Developer assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31/12/2025, and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake Any act, restraint or regulation of any Governmental Instrumentality including any local, State, or central government of India or any department, instrumentality or agency thereof including: Any act, regulation or restraint constituting a change in law; Any failure by a competent authority to grant or renew any license, permit or clearance within reasonable time (other than for cause) after application having been duly made; or the imposition of any material condition on the issuance or renewal or continuance of any approval from a competent authority. Any local lawsissues which may hamper the implementation of the Project; Flood, cyclone, lightning, earthquake, drought, storm or any other effect of natural elements; Epidemic, famine or plague; Radioactive contamination or ionizing radiation; Fire, explosion or accident leading to breakage of facilities, plant or equipment or chemical contamination thereof; Strike, lockout or other labour difficulties; or Legal proceedings or any other order, rule or notification issued by competent authorities effecting the development of the Project. Cancellation or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the completion of the Project is delayed due to the Force Majeure conditions, then the Allottee agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apartment. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee shall have the right to cancel/withdraw his allotment agrees and confirms that, in the Project as provided in event it becomes impossible for the Act:Promoter/Developer to implement the project due to Force Xxxxxx conditions, then this allotment shall stand terminated and the Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter/Developer from the allotment within 45 days from that date. The Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of money paid by the Allottee, the Allottee agrees that the/she have any rights, claims etc. against the Promoter/Developer and that the Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 8.1 Schedule for possession of the said [Apartment ]Apartment: The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas/ common parts and facilities to the Association of the Allottees is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures intends to hand over possession of the [Apartment within the Completion Date unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment] on, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion/ Occupancy Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. 8.2 The right of the Allottee shall remain restricted to the respective Apartment and appurtenants thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex. 8.3 The construction progress dates provided (if any) are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule but the Promoter and acknowledges that there is likely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the Completion Date. 8.4 Procedure for taking possession – possession: (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion/ Occupancy Certificate and upon payment of the Total Price, other charges/amounts and deposits as provided herein and also the requisite Stamp Duty and registration and other charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Completion/ Occupancy Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate* full or partial Completion/ Occupancy Certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee in terms of this Agreement to be taken within 3 2 (three two) months from the date of issue of such notice certificate subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the Promoter giving a written notice, the Promoter shall give and the Allottee shall take possession of the [Apartment/Plot] to Apartment within the Allotteetime stipulated in the written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) agrees to pay the maintenance charges as determined by the PromoterPromoter/ Association of Allottees, as the case may be, after the date of issuance of Completion/ Occupancy Certificate / notice of possession. The Promoter shall upon request hand over the photocopy of the Completion/ Occupancy Certificate of the Project to the Allottee at the time of conveyance of the same. (iii) At the time of execution/association registration of Failure conveyance of Allottee any part of portion of the Complex to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2Association, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] pay to the allottee. In case Promoter, the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance Allottees' share of stamp duty and registration charges as applicable. Possession payable by the Allottee – After obtaining the occupancy certificate* and handing over physical possession Association on such conveyance or any document or instrument of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:transfer.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on, on Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] onon 08.07.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure’). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shat offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take Possession possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, . the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by Provided that where the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right allottee proposes to cancel/withdraw his allotment in from the Project as provided in project without any fault of the Act:promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter Promoter/Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment ] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] onApartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ………….. unless there is delay or failure d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the com pleti on of the Project is delayed due to the Force Majeure conditions, then the Xxxxxx xx agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apart ment. 7.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment- The Promoter Promoter/Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment ] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] onApartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ………….. unless there is delay or failure d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' 7.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

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POSSESSION OF THE APARTMENT/PLOT. 6.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allottee or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ……………, and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the completion of the Project is delayed due to the Force Majeure conditions, then the Allottee agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apartment] on. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter/Developer to implement the project due to Force Xxxxxx conditions, then this allotment shall stand terminated and the Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter/Developer from the allottment within 45 days from that date. The Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of money paid by the Allottee, the Allottee agrees that the/she have any rights, claims etc. against the Promoter/Developer and that the Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 6.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined allottee shall be carried out by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation Developer within 3 months from the Promoter as per clause 7.2, the Allottee shall take possession date of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession issue of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* ]. The Promoter/Xxxxxxxxx agrees and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:undertakes

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] onon 31.03.2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure’). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shat offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take Possession possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, . the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by Provided that where the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right allottee proposes to cancel/withdraw his allotment in from the Project as provided in project without any fault of the Act:promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter Promoter/Xxxxxxxxx agrees and understands that timely delivery of possession of the [Apartment ] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] onApartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on ………….. unless there is delay or failure d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the com pleti on of the Project is delayed due to the Force Majeure conditions, then 7.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment ]: of Plot – The Promoter agrees and understands that timely delivery of possession of the [Apartment ] Apartment/ Plot to the Allottee and the common areas to the Maintenance Society or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over handover possession of the [Apartment] onApartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on------------------ Procedure for taking possession – possession- The Promoter, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Apartment/ Plot], to the Allottee Allottee(s) in terms of this Agreement to be taken within 3 2 (two) months from the date of issue of occupancy certificate. Provided that, in the absence of local law, the conveyance deed in favor of the Allottee shall be carried out by the Promoter within three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allotteeoccupancy certificate. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Promoter/ Maintenance Society, as the case may be, after the issuance of completion certificate for the Project. The Promoter shall handover the occupancy certificate of the Apartment/ Plot, as the case may be, to the Allottee at the time of conveyance of the same. Failure of Allottee to take Possession possession of [Apartment/Plot]: Apartment/ Plot- Upon receiving a written intimation from the Promoter as per clause 7.2Term No. 7.2 above, the Allottee Allottee(s) shall take possession of the [Apartment/Plot] Apartment/ Plot from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, Agreement and the Promoter shall give possession Possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – Allottee- After obtaining the occupancy certificate* certificate and handing over physical possession of the [Apartment/Plot] Apartment/ Plot to the AllotteesAllottee, it shall be the responsibility of the Promoter to hand over handover the necessary documents and plansplan, including common areas, areas to the association of the Allottees Maintenance Society or the competent authority, as the case maybemay be, as per the local laws. : Cancellation by Allottee – The - the Allottee shall have the right to cancel/withdraw his allotment Allotment in the Project as provided in the Act:: Provided that where the Allottee(s)

Appears in 1 contract

Samples: Agreement to Sell

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on…………..unless there is delay or failure d ue to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the com pleti on of the Project is delayed due to the Force Majeure conditions, then the Xxxxxx xx agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apart ment. 7.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment fullillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottces, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment ]: Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] onalong with ready and complete common areas with all specifications, amenities and facilities of the project in place on implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the required occupancy certificate/completion certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the conveyance deed in favour of the [Apartmentallottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate/Plot] to the Allotteecompletion certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as per the local lawscase may be, to the allottee at the time of conveyance of the same. Cancellation by Allottee – The Allottee At the time of handing over of the possession, the allottee shall have thoroughly inspect the right apartment in respect of all the fitments, installations, workmanship and finishes and taking of possession shall be deemed to cancelmean that the allottee has satisfied himself/withdraw his allotment herself/themselves in respect of all the Project as provided installations and the provisions are intact and in the Act:place and no further complaint in this regard shall be covered/entertained thereafter except those that are covered under clause 12 of this agreement .

Appears in 1 contract

Samples: Agreement for Sale (Flats)

POSSESSION OF THE APARTMENT/PLOT. Schedule 6.1. for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on December, 2026 unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the completi on of the Project is delayed due to the Force Majeure conditions, then the Allottee agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apartment] on. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter/Developer to implement the project due to Force Xxxxxx conditions, then this allotment shall stand terminated and the Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter/Developer from the allottment within 180 days from that date. The Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of money paid by the Allottee, the Allottee agrees that he/she haveany rights, claims etc. against the Promoter/Developer and that the Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 6.2. Procedure for taking possession – possession- The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottees, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment ]Apartment/Plot] : The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] onon ................. unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any Procedure for taking possession The Promoter, upon obtaining the occupancy certificatecertificate * from the competent authority shall offer in writing the possession of the [Apartment/PlotApartment /Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/! Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/! association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] Plotl to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee The Allottee shall have the right to cancel/! withdraw his allotment in the Project as provided in the Act:: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Deed of Conveyance

POSSESSION OF THE APARTMENT/PLOT. 7.1 The promoter shall give possession of the apartment/flat to the allottee on or before DD/MM/YEAR (“Possession Date”). Provided however, that the promoter shall be entitled to extension of time for giving delivery of the apartment/flat on the possession date, if the completion of the real Estate Project is delayed on account of any or all of the following factors: • Any force Xxxxxx Events; • Any notice, order, rule, notification, of the governement and/or by any other public or competent authority/court; • Any stay order / injunction order issued by any court of law, competent authority , BMC, Statutory authority ; • Any other circumstances that may deemed reasonable by the authority. 7.2 Schedule for possession of the said [Apartment ]: Apartment/Flat/] - The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Flat] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the this Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/flat] onalong with ready and complete common areas with all specifications, Procedure amenities and facilities of the project in place on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the delivery of possession of the [Apartment/PlotFlat], to provided that such Force Majeure conditions are not of a nature which make it impossible for the Allottee in terms of this Agreement contract to be taken within 3 (three months from implemented. The Allottee agrees and confirms that, in the date of issue of such notice event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall give possession refund to the Allottee the entire amount received by the Promoter from the allotment within 60 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the [Apartment/Plot] to money paid by the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee agrees that he/ she shall take possession of the [Apartment/Plot] from not have any rights, claims etc. against the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and that the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* released and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents discharged from all its obligations and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:liabilities under this Agreement.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on, on Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the Project Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession possessi on of the said [Apartment ]: Apartment/Plot] - The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence ess ence of the Agreement. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the [Apartment/Plot] onalong with ready and complete common areas with all specifications, amenities and facilities of the project in place on completion of the Project is delayed due to the Force Maj xxxx conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificatecertificate /completion certificate * from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date o f issue of occupancy certificate. [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 such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allotteeoccupancy certificate /completion certificate ]. The Promoter P romoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined determi xxx by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottees, as the case maybemay be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 7.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on…………..unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the com pleti on of the Project is delayed due to the Force Majeure conditions, then the Xxxxxx xx agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apart ment. 7.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemnify the Allottee in case of failure of fulfillment fullillment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter/Developer. The Allottee Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association Developer /Associat ion of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authorityallottces, as the case maybemay be after the issuance of the completi on certificate for the Project. The Promoter/Developer shall handover the occupancy certificate of the Apartment, as per the local laws. Cancellation by Allottee – The Allottee shall have case may be, to the right to cancel/withdraw his allotment in allottee at the Project as provided in time of conveyance of the Act:same.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 6.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees Promoteragrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allotteeor the competent authority, as the casemay be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment] Apartment alongwith ready and complete common areas with all specifications, amenities and facilities of the project in place on……………, and 9 months grace periodunless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the com pleti on of the Project is delayed due to the Force Majeure conditions, then the Allott ee agrees that the Promoter/Developershall be entitled to the extension of time for delivery of possession of the Apart ment. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter/Developer to implement the project due to Force Xxxxxx conditions, then this allotment shall stand terminated and the Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter/Developer from the allottment within 45 days from that date. The Promoter/Developershall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of money paid by the Allottee, the Allottee agrees that the/she haveany rights, claims etc. against the Promoter/Developer and that the Promoter/Developer shall be released and discharged from all its obligations and liabilitiesunder this Agreement. 6.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law,the Conveyance Deed in favour of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined allottee shall be carried out by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:Developerwithin 3

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 90 days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybemay be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE APARTMENT/PLOT. 6.1. Schedule for possession of the said [Apartment ]: Apartment-The Promoter agrees and understands that timely delivery of possession of the [Apartment ] to the Allottee and the common areas to the association of Allotteeor the competent authority, as the case may be, is the essence of the Agreement. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the [Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on……………, and 9 months grace period unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of' the real estate project ("Force Majeure''). If, however, the completi on of the Project is delayed due to the Force Majeure conditions, then the Xxxxxx xx agrees that the Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apartment] on. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter/Developer to implement the project due to Force Majureconditions, then this allotment shall stand terminated and the Promoter/Developer shall refund to the Allottee the entire amount received by the Promoter/Developer from the allottment within 45 days from that date. The Promoter/Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of money paid by the Allottee, the Allottee agrees that the/she have any rights, claims etc. against the Promoter/Developer and that the Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. 6.2. Procedure for taking possession – possession-The Promoter/Developer, upon obtaining the occupancy certificate* certificate from the competent authority shall offer in writing the possession of the [Apartment/Plot], Apartment to the Allottee Allottee, in terms of this Agreement to be taken within 3 (three two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Promoter shall give possession absence of local law, the Conveyance Deed in favour of the [Apartmentallottee shall be carried out by the Promoter/Plot] to Developer within 3 months from the Allotteedate of issue of occupancy certificate]. The Promoter Promoter/Xxxxxxxxx agrees and undertakes to indemnify i ndemni fy the Allottee in case of failure of fulfillment fulfill ment of any of the provisions, formalitiesform1alities, and documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:Developer.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. 7.1 Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the unit on , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment] on/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of Failure of Allottee allottees, as the case may be. The Promoter on its behalf shall offer the possession to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession in writing within days of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining receiving the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act:Project.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE APARTMENT/PLOT. Schedule for possession of the said [Apartment Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the [Apartment Apartment/Plot] is the essence of the Agreement. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] onon 30.09.2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project (“Force Majeure’). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date. After refund of the money paid by the Allottee, Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shat offer the possession to the Allottee in writing within days of receiving the occupancy certificate* of the project. Failure of Allottee to take Possession possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, . the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by Provided that where the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have the right allottee proposes to cancel/withdraw his allotment in from the Project as provided in project without any fault of the Act:promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

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