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Common use of POSSESSION OF THE PLOT Clause in Contracts

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor agrees and understands that timely delivery of possession of the Plot is the essence of the Agreement. The Vendor, based on the approved plans and specifications assures to hand over possession of the Plot on or before 16.08.2022 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 Vendee agrees that the Vendor shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee agrees and confirms that, in the event it becomes impossible for the Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor shall refund to the Vendee the entire amount received by the Vendor from the allotment within ninety days from the date of termination of Allotment. The Vendor shall intimate the Vendee about such termination at least thirty days prior to such termination. After refund of the money paid by the Vendee, the Vendee agrees that he/she shall not have any rights, claims etc. against the Vendor and that the Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The Vendor, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plot, to the Vendee in terms of this agreement to be taken within 30 days from the date of issue of such notice and the Vendor shall give possession of the Plot to the Vendee. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Vendor. The Vendee agrees to pay the maintenance charges as determined by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possession.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - Plot- The Vendor Promoter agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 16.08.2022 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 Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* certificate from the competent authority shall offer in writing the possession of the Plot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months from the date of issue of such notice and completion certificate. That the Vendor Promotor shall give possession execute registered sale-deed of the Plot to plot within three months from the Vendeedate of the completion certificate in favour of the Allottee or his nominees. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisionsAllottee, formalitiesafter taking possession, documentation on part of the Vendor. The Vendee agrees agree(s) to pay the maintenance charges as determined by the by the VendorPromoter/Association association of Vendeesallottees, as the case may be. The vendor on its behalf shall offer be after the possession to issuance of the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of certificate for the project. That the physical possession of the Plot The promoter shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession copy of the completion certificate of the plot, to the Vendeeallottee at the time of conveyance of the same. The Vendor shall issue such Possession Memo only It may be understood that completion certificate is issued after the Vendee has paid all completion of the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate entire project by submitting the application and all other documents with the competent authority and neither any objection nor no completion certificate is issued for a single plot. That in case the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the allotee desires to take possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession plot before issuance of the Plot completion certificate and on payment of the entire amount the allotee may do so at his own risk as to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possession.its costs and consequences. It also

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - Plot: The Vendor Promoter agrees and understands that timely delivery of the possession of the Plot to the Allottee and the Common Areas of the Project, if any, to the Notified Agency, as the case may be, and the Shared Common Facilities/Township Level Common Facilities consisting of basic infrastructure facilities of the Township like driveways, Roads, Street lighting, Power Supply and Distribution System and other facilities as described in the DPR to the agency(ies) notified by the Lessor, i.e. the Notified Agency is the essence of the Agreement. The Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot along with ready and complete Common Areas, if any, of the Project on or before 16.08.2022 [31.12.2023], unless there is a 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 Project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for the delivery of possession of the Plot. Provided, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes become impossible for the Vendor Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 (forty-five) days from the date of termination of Allotmentthat date. The Vendor Promoter shall intimate the Vendee Allottee about such termination at least thirty (30) days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure . It is clarified that all amounts collected as GST 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 taking possession of the Plot - The Vendor, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plot, to the Vendee in terms of this agreement to be taken within 30 days from the date of issue refund of such notice and the Vendor shall give possession of the Plot to the Vendee. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Vendor. The Vendee agrees to pay the maintenance charges as determined by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionGST.

Appears in 2 contracts

Samples: Sub Lease Agreement, Sub Lease Agreement

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the Plot along with right to use of general common areas and limited common areas as specified in Para C above to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017, is the essence of the Agreement. The Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot on or before 16.08.2022 along with right to use of General common areas and limited common areas as specified in Para C above as per agreed terms and conditions unless there is delay or failure due to war“force majeure”, floodCourt orders, droughtGovernment policy/ guidelines, firedecisions, cyclone, earthquake etc. or any other calamity caused by nature reasons whatsoever affecting the regular development of the real estate project (“Force Majeure”)project. If, however, the completion of the Project is delayed due to the Force Majeure conditions above conditions, then the Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project and the promoter abandons the project due to Force Majeure and above mentioned conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee, the entire amount received by the Vendor Promoter from the allotment allottee within ninety days from the date of termination of Allotmentdays. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ completion certificate or part completion or completion certificate* from thereof of the competent authority said colony shall offer in writing the possession of the Plot, to the Vendee in Allottee(s) as per terms of this agreement to be taken within 30 days from the date of issue of such notice and the Vendor shall give possession of the Plot to the VendeeAgreement. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees promoter shall provide copy (on demand) of completion certificate or part thereof in respect of the said colony at the time of conveyance of the same. The Allottee(s), after taking possession, agree(s) to pay the maintenance charges and holding charges as determined by the by the Vendor/Association Promoter/ association of Vendeesallottees/ competent authority, as the case may be. The vendor on its behalf . 7.3 Failure of Allottee to take Plot- Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical take possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of Promoter by executing necessary indemnities, undertakings and such applicationother documentation, and the Vendor Promoter shall offer in writing the give possession of the Plot to the Vendee allottee as stated above. Provided that where the Vendor make the offer of possession per terms and condition of the Plot agreement within the due date as may be provided in such notice/ intimation. In case the Allottee fails to comply with the Vendee but the Vendee essential documentation, undertaking, etc. or fails to take possession within the possession after completing all the formalities within 30 (thirty) days of time provided in para 7.2, such offer, the Vendee Allottee shall continue to be liable to pay the maintenance charges and holding charges as described above after the expiry of thirty days from the date of such offer of possessionspecified in para 7.2.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the Plot to the allottee and the common areas to the association of allottees or the competent aut hority, as the case may be, is the essence of the Agreement. The Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 16.08.2022 , 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 Vendee Allottee agrees that the Vendor 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 nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* /completion certificate from the competent authority shall offer in writing the possession of the Plot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months fro m the date of 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 months from the date of issue of such notice and the Vendor shall give possession of the Plot to the Vendeeoccupancy certificate /completion certifi cate ]. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees Allottee, after taking possession, agree(s) to pay the maintenance charges charge s as determined by the by Promoter/association of allottees, as the Vendorcase may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/Association of Vendeesplot, as the case may be, to the allottee at the time of conveyance of the same. The vendor on its behalf Completion Certificate shall offer mean the possession Completion certificate issued in favour of the Promoter under the provisions of the Madhya Pradesh M.P. Nagar Palika (Registration of Colonisers, Terms & Conditions) Rules 19 98, with respect to the Vendee in writing within 30 days Projects falling under the Municipal Corporation, Municiplaties or Nagar Panchayat Areas and M.P. Gram Panchyat (Registration of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given Colonsers, Terms & Conditions) Rules 1999, with respect to the Vendee by Porjects xxxxxx under the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionVillage Panch ayat areas.

Appears in 1 contract

Samples: Agreement for Sale (Plots)

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - plot- The Vendor Promoter agrees and understands that timely delivery of possession of the Plot 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on date on or before 16.08.2022 31st December, 2024 on receipt of full payment of Rs (Rupees ----------------------------------------------------) 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 Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plotplot, provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The Vendor, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plot, to the Vendee in terms of this agreement to be taken within 30 days from the date of issue of such notice and the Vendor shall give possession of the Plot to the Vendee. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Vendor. The Vendee agrees to pay the maintenance charges as determined by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possession.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - plot- The Vendor Promoter agrees and understands that timely delivery of possession of the Plot 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 16.08.2022 , 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 Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plotplot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favour of the Plot to Allottee shall be carried out by the Vendeepromoter within 3 months from the date of issue of occupancy certificate]. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the by Promoter/association of Allottees, as the Vendorcase may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/Association of Vendeesplot, as the case may be. The vendor on its behalf shall offer the possession , to the Vendee in writing within 30 days Allottee at the time of receiving the occupancy certificate/ part completion or completion certificate* conveyance of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionsame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor agrees and understands that timely delivery of possession of the Plot is the essence of the Agreement. The Vendor, based on the approved plans and specifications assures to hand over possession of the Plot on or before 16.08.2022 31.12.2019 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 Vendee agrees that the Vendor shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee agrees and confirms that, in the event it becomes impossible for the Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor shall refund to the Vendee the entire amount received by the Vendor from the allotment within ninety days from the date of termination of Allotment. The Vendor shall intimate the Vendee about such termination at least thirty days prior to such termination. After refund of the money paid by the Vendee, the Vendee agrees that he/she shall not have any rights, claims etc. against the Vendor and that the Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The Vendor, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plot, to the Vendee in terms of this agreement to be taken within 30 days three months from the date of issue of such notice and the Vendor shall give possession of the Plot to the Vendee. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Vendor. The Vendee agrees to pay the maintenance charges as determined by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge Incharge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge Incharge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possession.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot Plot] along with ready and complete common areas with all specifications, amenities of the project in place on or before 16.08.2022 , 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 Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plot], provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months from the date of issue of such notice and completion certificate. [Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favour of the Plot to allottee shall be carried out by the Vendeepromoter within 3 months from the date of issue of occupancy certificate]. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the by Promoter/association of allottees, as the Vendor/Association case may be after the issuance of Vendeesthe completion certificate for the project. The promoter shall hand over the completion certificate of the /plot, as the case may be. The vendor on its behalf shall offer the possession , to the Vendee in writing within 30 days allottee at the time of receiving the occupancy certificate/ part completion or completion certificate* conveyance of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionsame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot along with proportionately ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 16.08.2022 , 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 Vendee Allottee agrees that the Vendor 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 nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining applying for the occupancy certificate/ part completion or completion certificate* certificate*/completion certificate from the competent authority shall offer in writing the possession of the Plot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favour of the Plot to allottee shall be carried out by the Vendeepromoter within 3 months from the date of issue of occupancy certificate/completion certificate]. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the by Promoter/association of allottees, as the Vendorcase may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/Association of Vendeesplot, as the case may be, to the allottee at the time of conveyance of the same. The vendor on its behalf Completion Certificate shall offer mean the possession Completion certificate issued in favour of the Promoter under the provisions of the Madhya Pradesh M.P. Nagar Palika (Registration of Colonisers, Terms & Conditions) Rules 1998, with respect to the Vendee in writing within 30 days Projects falling under the Municipal Corporation, Municiplaties or Nagar Panchayat Areas and M.P. Gram Panchyat (Registration of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given Colonsers, Terms & Conditions) Rules 1999, with respect to the Vendee by Projects xxxxxx under the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionVillage Panchayat areas.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot saidPlot - The Vendor agrees and understands that understandsthat timely delivery of possession of the Plot is Plotis the essence of the Agreement. The Vendor, based on the approved plans and specifications assures to hand over possession of the Plot on or before 16.08.2022 unless 31.01.2022unless 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 Vendee agrees that the Vendor shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee agrees and confirms that, in the event it becomes impossible for the Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor shall refund to the Vendee the entire amount received by the Vendor from the allotment within ninety days from the date of termination of Allotment. The Vendor shall intimate the Vendee about such termination at least thirty days prior to such termination. .After refund of the money paid by the Vendee, the Vendee agrees that he/she shall not have any rights, claims etc. against the Vendor and that the Vendor theVendor shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - Plot- The Vendor, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall authorityshall offer in writing the possession of the Plot, ,to the Vendee in Vendeein terms of this agreement to be taken within 30 days three months from the date of issue ofissue of such notice and the Vendor shall give possession of the Plot to the Vendee. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Vendor. The Vendee agrees to pay the maintenance charges as determined by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge Incharge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge Incharge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within formalitieswithin 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possession.

Appears in 1 contract

Samples: Sale Agreement

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Apartment of Plot - The Vendor Company agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications Company assures to hand over handover possession of the Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on or before 16.08.2022 31/03/2024, unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting 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 Vendee Allottee agrees that the Vendor Company 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 Vendee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Vendor Company to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee(s) the entire amount received by the Vendor Company from the allotment Allottee with interest within ninety forty-five days from the date of termination of Allotmentthat date. The Vendor Company shall intimate the Vendee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee agrees Allottee agreed that he/he/ she shall not have any rights, claims etc. against the Vendor Company and that the Vendor Company shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - possession- The VendorCompany, upon obtaining the occupancy certificate/ part completion or completion certificate* certificate from the competent authority shall offer in writing the possession of the Apartment/ Plot, to the Vendee Allottee(s) in terms of this agreement Agreement to be taken within 30 days 2 (two) months from the date of issue of such notice and occupancy certificate. Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favor of the Plot to Allottee shall be carried out by the VendeeCompany within three months from the date of issue of occupancy certificate. The Vendor Company agrees and undertakes to indemnify the Vendee Allottee(s) in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the VendorCompany. The Vendee agrees Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the by the Vendor/Association of VendeesCompany / Maintenance Society, as the case may be, after the issuance of completion certificate for the Project. The vendor on its behalf Company shall offer handover the possession occupancy certificate of the Apartment/ Plot, as the case may be, to the Vendee in writing within 30 days Allottee at the time of receiving the occupancy certificate/ part completion or completion certificate* conveyance of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionsame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Apartment of Plot - The Vendor Company agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications Company assures to hand over handover possession of the Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on or before 16.08.2022 30/09/2023, unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting 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 Vendee Allottee agrees that the Vendor Company 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 Vendee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Vendor Company to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee(s) the entire amount received by the Vendor Company from the allotment Allottee with interest within ninety forty-five days from the date of termination of Allotmentthat date. The Vendor Company shall intimate the Vendee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee agrees Allottee agreed that he/he/ she shall not have any rights, claims etc. against the Vendor Company and that the Vendor Company shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - possession- The VendorCompany, upon obtaining the occupancy certificate/ part completion or completion certificate* certificate from the competent authority shall offer in writing the possession of the Apartment/ Plot, to the Vendee Allottee(s) in terms of this agreement Agreement to be taken within 30 days 2 (two) months from the date of issue of such notice and occupancy certificate. Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favor of the Plot to Allottee shall be carried out by the VendeeCompany within three months from the date of issue of occupancy certificate. The Vendor Company agrees and undertakes to indemnify the Vendee Allottee(s) in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the VendorCompany. The Vendee agrees Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the by the Vendor/Association of VendeesCompany / Maintenance Society, as the case may be, after the issuance of completion certificate for the Project. The vendor on its behalf Company shall offer handover the possession occupancy certificate of the Apartment/ Plot, as the case may be, to the Vendee in writing within 30 days Allottee at the time of receiving the occupancy certificate/ part completion or completion certificate* conveyance of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionsame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - Plot: The Vendor Promoter agrees and understands that timely delivery of possession of the Plot to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017, is the essence of the Agreement. The Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot on or before 16.08.2022 within period of twenty four months from date of execution of this agreement plus grace period of 6 months, unless there is delay or failure due to war“force majeure”, floodCourt orders, droughtGovernment policy/ guidelines, fire, cyclone, earthquake or any other calamity caused by nature decisions affecting the regular development of the real estate project (“Force Majeure”)project. If, however, the completion of the Project is delayed due to the Force Majeure conditions above conditions, then the Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure and above mentioned conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee, the entire amount received by the Vendor Promoter from the allotment allottee within ninety days from the date of termination of Allotmentdays. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 (A) Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ approved demarcation-cum-zoning plan/ provision of services by the promoter, duly certifying/ part completion or completion certificate* from , as the competent authority case may be, in respect of plotted colony shall offer in writing the possession of the Plot, to the Vendee in terms of this agreement to be taken plot within 30 days three months from the date of issue of such notice and the Vendor shall give possession of the Plot above, to the VendeeAllottee(s) as per terms of this Agreement. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee(s) in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees promoter shall provide a copy (on demand) of approved demarcation-cum-zoning plan/ provision of services by the colonizer/ part completion certificate in respect of plotted development at the time of conveyance of the same. The Allottee(s), after taking possession, agree(s) to pay the maintenance charges and holding charges as determined by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionPromoter.

Appears in 1 contract

Samples: Buyer’s Agreement

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the Plot [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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 16.08.2022 _ , unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, Lockdown 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 Vendee Allottee agrees that the Vendor 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 Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 60 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The Vendor, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plot, to the Vendee in terms of this agreement to be taken within 30 days from the date of issue of such notice and the Vendor shall give possession of the Plot to the Vendee. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Vendor. The Vendee agrees to pay the maintenance charges as determined by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possession.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot along with ready and complete common areas with all specification s, amenities and facilities of the project in place on or before 16.08.2022 , 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, proj however, the completion of the Project is delayed due to the Force Majeure conditions then the Vendee Allottee agrees that the Vendor 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 nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure Majeur e conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* /completion certificate from the competent authority shall offer in writing the possession of the Plot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favour of the Plot to allottee shall be carried out by the Vendeepromoter within 3 months from the date of issue of occupancy certificate /completion certificate ]. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the by Promoter/association of allottees, as the Vendorcase may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupan cy certificate of the apartment/Association of Vendeesplot, as the case may be, to the allottee at the time of conveyance of the same. The vendor on its behalf Completion Certificate shall offer mean the possession Completion certificate issued in favour of the Promoter under the provisions of the Madhya Pradesh M. P. Nagar Palika (Registration of Colonisers, Terms & Conditions) Rules 1998 , with respect to the Vendee in writing within 30 days Projects falling under the Municipal Corporation, Municiplaties or Nagar Panchayat Areas and M.P. Gram Panchyat (Registration of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given Colonsers, Terms & Conditions) Rules 1999, with respect to the Vendee by Porjects xxxxxx under the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionVillage Panchayat areas.

Appears in 1 contract

Samples: Agreement for Sale (Plots)

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot plot - The Vendor Promoter agrees and understands that timely delivery of possession of the Plot plot 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 16.08.2022 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 Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plotplot, provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 45 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* full payment of the plot from the competent authority Allottee shall offer in writing the possession of the Plot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months from the date of issue of such notice and the Vendor shall give possession registration of the Plot to the Vendeeplot. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee Allottee, after taking possession, agrees to pay the maintenance charges as determined by the Promoter /association of Allottees, as the case may be after the issuance of the completion certificate for the project or up to ………………, whichever is earlier. That it shall be mandatory for the Allottee to become a member of the “SAGE GOLDEN SPRING PHASE - II & IV” maintenance society, at the time of possession of the said property, which shall be formed by the Vendorresidents of “SAGE GOLDEN SPRING PHASE - II & IV” and which shall be responsible for all maintenance and security provision of the “SAGE GOLDEN SPRING PHASE – II & IV ” upto ……………………. 7.3 Failure of Allottee to take Possession of plot - Upon receiving a written intimation from the Promoter as per Para 7.2, the Allottee shall take possession of the 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 plot to the Allottee. In case the Allottee fails to take possession within the time provided in para 7.2, such Allottee shall continue to be liable to pay maintenance charges as specified in para 7.2. 7.4 Possession by the Allottee – After obtaining the occupancy certificate/Association till …............ whichever is earlier and handing over physical possession of Vendeesthe plot to the Allottee, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottee or the competent authority, as the case may be. The vendor on its behalf shall offer , as per the possession to the Vendee in writing within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionlocal laws.

Appears in 1 contract

Samples: Agreement for Sale (Without Possession)

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the Plot 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 Vendor, based on the approved plans and specifications Promoter assures to hand over possession of the Plot plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 16.08.2022 31/12/2018, 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 Vendee Allottee agrees that the Vendor Promoter shall be entitled to the extension of time for delivery of possession of the Plotplot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee Allottee agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee the entire amount received by the Vendor Promoter from the allotment within ninety 60 days from the date of termination of Allotmentthat date. The Vendor promoter shall intimate the Vendee allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee Allottee agrees that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* from the competent authority shall offer in writing the possession of the Plotplot, to the Vendee Allottee in terms of this agreement Agreement to be taken within 30 days two months from the date of issue of such notice and occupancy certificate. [Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favour of the Plot to allottee shall be carried out by the Vendeepromoter within 3 months from the date of issue of occupancy certificate]. The Vendor Promoter agrees and undertakes to indemnify the Vendee Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the VendorPromoter. The Vendee agrees Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the by Promoter/association of allottees, as the Vendorcase may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/Association of Vendeesplot, as the case may be. The vendor on its behalf shall offer the possession , to the Vendee in writing within 30 days allottee at the time of receiving the occupancy certificate/ part completion or completion certificate* conveyance of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionsame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Apartment of Plot - The Vendor LLP agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications LLP assures to hand over handover possession of the Apartment/ Plot along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on or before 16.08.2022 30/09/2023, unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting 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 Vendee Allottee agrees that the Vendor LLP 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 Vendee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Vendor LLP to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee(s) the entire amount received by the Vendor LLP from the allotment Allottee with interest within ninety forty-five days from the date of termination of Allotmentthat date. The Vendor LLP shall intimate the Vendee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee agrees Allottee agreed that he/he/ she shall not have any rights, claims etc. against the Vendor LLP and that the Vendor LLP shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - possession- The VendorLLP, upon obtaining the occupancy certificate/ part completion or completion certificate* certificate from the competent authority shall offer in writing the possession of the Apartment/ Plot, to the Vendee Allottee(s) in terms of this agreement Agreement to be taken within 30 days 2 (two) months from the date of issue of such notice and occupancy certificate. Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favor of the Plot to Allottee shall be carried out by the VendeeLLP within three months from the date of issue of occupancy certificate. The Vendor LLP agrees and undertakes to indemnify the Vendee Allottee(s) in case of failure of fulfilment fulfillment of any of the provisions, formalities, documentation on part of the VendorLLP. The Vendee agrees Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the by the Vendor/Association of VendeesLLP / Maintenance Society, as the case may be, after the issuance of completion certificate for the Project. The vendor on its behalf LLP shall offer handover the possession occupancy certificate of the Apartment/ Plot, as the case may be, to the Vendee in writing within 30 days Allottee at the time of receiving the occupancy certificate/ part completion or completion certificate* conveyance of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer of possessionsame.

Appears in 1 contract

Samples: Agreement for Sale

POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Vendor Promoter agrees and understands that timely delivery of possession of the 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 Vendor, based on the approved plans and specifications Promoter assures to hand over handover possession of the Plot along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on or before 16.08.2022 31.12.2025, unless there is delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity caused by nature affecting effecting 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 Vendee Allottee agrees that the Vendor shall be Promoter shallbe entitled to the extension of time for delivery of possession of the PlotthePlot, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Vendee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Vendor Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendor Promoter shall refund to the Vendee Allottee(s) the entire amount received by the Vendor Promoter from the allotment Allottee with interest within ninety forty-five days from the date of termination of Allotmentthat date. The Vendor Promoter shall intimate the Vendee Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the VendeeAllottee, the Vendee agrees Allottee agreed that he/he/ she shall not have any rights, claims etc. against the Vendor Promoter and that the Vendor Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 7.2 Procedure for taking possession of the Plot - possession- The VendorPromoter, upon obtaining the occupancy certificate/ part completion or completion certificate* certificate from the competent authority shall offer in writing the possession of the Plot, to the Vendee Allottee(s) in terms of this agreement Agreement to be taken within 30 days 2 (two) months from the date of issue of such notice and occupancy certificate. Provided that, in the Vendor shall give possession absence of local law, the conveyance deed in favor of the Plot to the Vendee. The Vendor agrees and undertakes to indemnify the Vendee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Vendor. The Vendee agrees to pay the maintenance charges as determined Allottee shall be carried out by the by the Vendor/Association of Vendees, as the case may be. The vendor on its behalf shall offer the possession to the Vendee in writing Promoter within 30 days of receiving the occupancy certificate/ part completion or completion certificate* of the project. That the physical possession of the Plot shall be given to the Vendee by the Estate Manager/Project In charge of the Project only after the Vendee provides original Possession Memo issued by the Vendor, authorizing the Estate Manager/Project In charge to hand over the physical possession to the Vendee. The Vendor shall issue such Possession Memo only after the Vendee has paid all the dues, deposited and signed all the requisite documents. Provided that where the Vendor have applied for the occupation certificate by submitting the application and all other documents with the competent authority and neither any objection nor the occupation certificate* has been received from the authority within 3 (three) three months of such application, the Vendor shall offer in writing the possession of the Plot to the Vendee as stated above. Provided that where the Vendor make the offer of possession of the Plot to the Vendee but the Vendee fails to take the possession after completing all the formalities within 30 (thirty) days of such offer, the Vendee shall be liable to pay the maintenance charges as described above after the expiry of thirty days from the date of such offer issue of possession.occupancy certificate. The Promoter agrees and undertakes to

Appears in 1 contract

Samples: Agreement for Sale