Common use of Procedure for taking possession Clause in Contracts

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 14 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Developer as per requisition of the Allottee shall be carried out by the promoter Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 12 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate Completion Certificate or completion certificate (which Partial Completion Certificate, as the case may be partial), whichever be applicablebe, from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement Agreement, to be taken within 2 (two) months from the date of issue of such certificate Subject To Completion Certificate or Partial Completion Certificate, as the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincase may be. [Provided that, in the absence of local law, the conveyance deed The Conveyance Deed in favour of the Allottee shall be carried out executed and registered by the promoter Promoter in favour of the Allottee within 3 (three) months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp dutyCompletion Certificate or Partial Completion Certificate, registration fee etc.as the case may be, Provided Further That and the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all shall render full co-operation with each other to carry out the terms conditions execution and covenants of this Agreement and on the part registration of the Allottee to be observed and performed until then]Conveyance Deed. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(sagrees(s) to pay the maintenance charges as determined by the Promoter/ association Promoter /Association of allotteesthe Allottees, as the case may be, after the issuance of the completion certificate Completion Certificate or Partial Completion Certificate, as the case may be, for the projectProject. The Promoter shall handover the copy of Completion Certificate or Partial Completion Certificate, as the occupancy certificate / completion certificate case may be, of the apartment Apartment, to the Allottee at the time of conveyance execution and registration of the Conveyance Deed of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 6 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to live in the Apartment till Occupation Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the terms of Promoter giving a written notice, the Agreement Promoter shall give and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after be 3 months from the date of issuance of the completion certificate for the projectCompletion Certificate/ notice of possession . The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same... 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the structure of the said land to be executed in favour of the Apex Body or Federation.

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Buyers Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate (which certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such the occupancy certificate, the completion certificate, the partial occupancy certificate Subject To or the terms partial completion certificate, as the case may be, for the Said Block, hereafter referred to as the "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration and all other amounts and deposits payable by Apartment on the Possession Date. If the Allottee has also purchased a Parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his portions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other covenants / obligations hereincharges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block. [Provided that, in the absence of local law, The Promoters shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoters and the Allottee has Allottees shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. The Promoter agrees Promoters agree and undertakes undertake to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterPromoters. Till such time the conveyance is registered in accordance with Clause 8(ix) hereunder, the Promoters may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date. The Allottee, after taking possession, agree(s) Allottee shall be bound to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesDeveloper or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non-registration of the completion certificate for the projectconveyance. The Promoter Developer shall handover the a copy of the occupancy certificate, the completion certificate, the partial occupancy certificate / or the partial completion certificate of certificate, as the apartment case may be, for the Said Block to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 5 contracts

Samples: Sale Agreement, Agreement for Sale, Sale Agreement

Procedure for taking possession. (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to live in the Apartment till Occupation Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the terms of Promoter giving a written notice, the Agreement Promoter shall give and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after be 3 months from the date of issuance of the completion certificate for the projectCompletion Certificate . The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter time of registration of conveyance, the Allottee shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion pay to the Promoter, the Allottees' share of stamp duty and registration charges payable,. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned said land to be executed in Clause 7.1 abovefavour of the Apex Body or Federation.

Appears in 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificateor completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To certificateSubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate completioncertificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date thedate mentioned in Clause 7.1 above.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the said Unit within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the said Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottee, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Vendor-Cum-Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Vendor-Cum-Developer as per requisition of the Allottee shall be carried out by the promoter Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum- Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price of the Apartment shall offer in writing the possession of the Apartment, to Apartment (Possession Notice),to the Allottee in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee occupancy certificate/completion certificate. Provided That, subject to the Promoter hereunder and fulfilling all Allottee(s) complying with his other covenants / obligations herein. [Provided that, in the absence of local lawhereunder, the conveyance deed Deed of Conveyance in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment of the entire consideration, extras and deposits on account of stamp duty, registration fee etc., .. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of all amounts agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. .The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate to the Association after the formation of the apartment to the Allottee at the time of conveyance of the sameAssociation. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate (which certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such the occupancy certificate, the completion certificate, the partial occupancy certificate Subject To or the terms partial completion certificate, as the case may be, for the Said Block, hereafter referred to as the "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration and all other amounts and deposits payable by Apartment on the Possession Date. If the Allottee has also purchased a Parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his portions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other covenants / obligations hereincharges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block. [Provided that, in the absence of local law, The Promoters shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoters and the Allottee has Allottees shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. The Promoter agrees Promoters agree and undertakes undertake to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the PromoterPromoters. Till such time the conveyance is registered in accordance with Clause 8(ix) hereunder, the Promoters may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date. The Allottee, after taking possession, agree(s) Allottee shall be bound to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesDeveloper or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non- registration of the completion certificate for the projectconveyance. The Promoter Developer shall handover the a copy of the occupancy certificate, the completion certificate, the partial occupancy certificate / or the partial completion certificate of certificate, as the apartment case may be, for the Said Block to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate (twoPossession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (three) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts the Total price of the Apartment as mentioned in 1.2.4 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed to have duly complied with all its obligations in case hand over copy of the Promoter issues notice of occupancy certificate/completion certificate to the Allottee on or before Association after the date mentioned in Clause 7.1 aboveformation of the Association.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

Procedure for taking possession. (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Row House/Bungalow, he will be permitted to do so only upon receiving the Completion Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to use the (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentRow House/Bungalow, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Row House/Bungalow within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 2 contracts

Samples: Agreement for Sale, Master Agreement for Sale

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentUnit , to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Uni, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project/Block to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Procedure for taking possession. (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Occupation /Completion Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice . The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 2 contracts

Samples: Buyers Agreement, Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentDesignated Unit, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of the issue of such certificate Subject To the terms completion certificate. Provided that the delivery of the Agreement possession and the Allottee making payment execution of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be simultaneously carried out by the promoter Promoter within 3 months from the date of issue of occupancy / such completion certificate certificate, subject to the Allottee making discharging all its obligations (including payment on account obligations) contained in this Agreement. Provided further that the Allottee may, upon a written intimation by the Promoter stating that the Architect has confirmed that the Designated Unit is (1) ready to be occupied and is in habitable condition; and (2) the lift in the Building where such Designated Unit is located is functional, may accept possession of the Designated Unit upon being so intimated by the Promoter. Provided if the Allottee takes such possession and pays the Total Price, stamp duty, registration fee charges etc., Provided Further That and gets the Promoter shall not be liable to deliver possession of conveyance registered in its favor, the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges CAM Charges as determined by the Promoter/ association Maintenance Agency/Association, as the case may be after taking possession of allotteesthe Designated Unit and/or registration of the Deed of Conveyance, whichever is earlier. The Promoter shall hand over the copy of the completion certificate of the Designated Unit or the written intimation referred to above, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 1 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such completion certificate Subject To SUBJECT TO the terms of the Agreement agreement and the Allottee making payment of the entire balance consideration total price and all other amounts and deposits payable by the Allottee to the Promoter promoter hereunder and fulfilling all his other covenants / obligations herein. [herein Provided that, in the absence of the local law, the conveyance deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on the account of stamp duty, registration fee fees, etc., Provided Further That PROVIDED FURTHER THAT the Promoter promoter shall be not be liable to deliver possession of the Apartment Said Unit to the Allottee nor Allottee(s)nor to execute or cause cost to be executed any Sale Deed sale deed or any other instruments instrument(s) until such time the Allottee makes Allottee(s)makes payment of all amounts agreed and required to be paid hereunder by the Allottee and Allottee(s)and the Allottee has Allottee(s)has fully performed all the terms and conditions and covenants of this Agreement agreement and on the part of the Allottee to Allottee(s)to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllottee(s), as the case may be, after the issuance of the completion certificate for the projectProject. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Said Unit, to the Allottee at the time of conveyance of the same. 7.2.1 7.2.1. It is clarified that the Promoter shall be deemed to have duly complied with all its obligations obligation in case the Promoter issues notice of completion to the Allottee Allottee(s) on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the ApartmentApartment / Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein or in the notice and the Promoter shall give possession of issue of such certificate the Apartment / Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter shall shall, upon being requested by the Allottee, handover the copy of the occupancy certificate / certificate/completion certificate of the apartment said Apartment to the Allottee at the time of conveyance of the sameAllottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Samples: Deed of Conveyance, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (two) three months from the date of issue of such certificate notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Transfer Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within 10 days of receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject or part thereof. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to the completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Procedure for taking possession. The Promoter, upon obtaining (i) Upon obtainment of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupation Certificate from the competent authority MCGM and upon Full and Final payment by the Allottee of the entire Sale Consideration and all other amounts due and payable in terms of this Agreement, the Promoter shall offer in writing the possession of the Apartment, said Premises to the Allottee in terms of this Agreement to be taken within 2 writing (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]“Possession Notice”). The Promoter Allottee agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or the Society, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within 7 (seven) days of receiving the time of conveyance Occupation Certificate of the same.Real Estate Project; 7.2.1 It is clarified that (ii) The Allottee shall take possession of the said Premises within 15 (fifteen) days of the Possession Notice; (iii) Upon receiving the Possession Notice from the Promoter as per Clause 12 (i) above, the Allottee shall take possession of the said Premises from the Promoter by executing the necessary indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and the Promoter shall give possession of the said Premises to the Allottee. Irrespective of whether the Allottee takes or fails to take possession of the said Premises within the time provided in Clause 12 (ii) above, such Allottee shall continue to be deemed liable to have pay maintenance charges and all other charges with respect to the said Premises, as applicable and as shall be decided by the Promoter; (iv) The Allottee shall be liable to bear and pay his/her/ their/its proportionate share in proportion to the carpet area of the said Premises, of outgoings in respect of the Real Estate Project and the said Property including inter-alia, local taxes, betterment charges, other indirect taxes of every nature, or such other levies by the MCGM or other concerned Local Authority and/or Government water charges, electricity charges, insurance, common lights, repairs and salaries of clerks, xxxx collectors, accountants, managers, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the Real Estate Project and/or the said Property; (v) Until the Society is formed and the Society Transfer is duly complied with all its obligations in case executed and registered, the Allottee shall pay to the Promoter issues notice such proportionate share of completion outgoings as may be determined by the Promoter at its sole discretion. (vi) The Allottee further agrees that till the Allottee's share is so determined by the Promoter, at its sole discretion, the Allottee shall pay to the Promoter a provisional monthly contribution of Rs. [●] (Rupees [●] Only) per month towards the outgoings. The amounts so paid by the Allottee on or before to the date mentioned Promoter shall not carry any interest and shall remain with the Promoter until the Society Transfer is duly executed and the aforesaid deposits, less any deductions as provided for in Clause 7.1 abovethis Agreement, shall be paid by the Promoter to the Society.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Procedure for taking possession. (i) The Unit shall be considered as ready for use and occupation on the date of receipt of OC or any other certificate required for occupation from the competent authorities. (ii) The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)OC, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Annexure I and also pay the applicable GST, Value Added Tax, service tax and any other tax, levy, cess or any other charges levied by the statutory authorities in respect of the said Unit (if applicable), by time to time to the Allottee in terms Promoter, for construction and sale of this Agreement the said Unit. (iii) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession (for fit outs) or not. Such date shall be referred to be taken within 2 (two) months as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges or the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be. (iv) The Promoter, after upon receiving payments made by the issuance Allottee(s) as per this Agreement shall offer in writing the possession of the completion certificate for Unit, to the projectAllottee(s) in terms of this Agreement to be taken within 15 (fifteen) days from the date of issue of such written communication. The Promoter Allottee(s) shall handover the copy take possession of the occupancy certificate / completion certificate of Unit from the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided in this Agreement such Allottee(s) shall continue to be liable to pay CAM charges as applicable. (v) In the event the Allottee(s) fails to take possession of the Unit within such date as mentioned in the Offer of Possession letter, then the Unit shall lie at the risk and cost of the Allottee(s). The maintenance charges and the defect liability period shall commence from the CAM Commencement Date. In addition to payment of interest for delayed payments, the Allottee(s) shall be liable to pay Holding Charges as specified in Annexure G from expiry of CAM Commencement Date till the Allottee(s) takes actual possession of the Unit. The Allottee(s) agrees and acknowledges that the Promoter’s obligation of delivering possession of the Unit shall come to an end and the Promoter shall not be responsible and/or liable for any obligation towards the Allottee(s) for the possession of the said Unit. Under such circumstances it shall be deemed that the Allottee(s) has taken possession of the said Unit. During the period of the said delay by the Allottee(s), the Unit shall remain locked and shall continue to have duly complied with all be in possession of the Promoter but at the sole risk, responsibility and cost of the Allottee(s) in relation to its obligations deterioration in physical condition. (vi) The Allottee(s) hereby agrees that in case the Allottee(s) fails to respond and/or neglects to take possession of the Unit within the aforementioned time as stipulated by the Promoter issues notice and/or cancel / terminate this Agreement, then the Promoter shall also be entitled to reserve his right to forfeit the entire amount received by the Promoter towards the Unit along with interest on default in payment of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveinstalments (if any), applicable taxes and any other charges and amounts.

Appears in 2 contracts

Samples: Apartment Buyer’s Agreement, Sale Agreement

Procedure for taking possession. The PromoterPromoter No.2, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/email calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter No.2 (subject however to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges to the Promoter No.2 as per requisition of the Promoter No.2) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder as provided by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter No.2 agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoter No.2. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter No.2/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectComplex. The Promoter No.2 shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Complex/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartmentsaid Unit, to the Allottee in terms of this Agreement to be taken within 2 (two2(Two) months from the date of issue of such certificate notice and the Promoter shall give possession of the said Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment said Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within 30 days of receiving the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water etc., as be determined by the Promoter.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottee, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that Apartment in favour of the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.Allottee

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinsaid Notice Of Possession (POSSESSION NOTICE). [Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, be after the issuance of the completion certificate for the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Partnership Agreement

Procedure for taking possession. The Promoter, upon obtaining Vendors / Confirming Party on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-B property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendors / Confirming Party hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendors / Confirming Party within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendors / Confirming Party shall not be liable to deliver possession of the Apartment Schedule-B property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter Vendors / Confirming Party agrees and undertakes to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors / Confirming Party. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendors / Confirming Party / Association of allotteesPurchasers from the date of registration and/or handover of the flat, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendors / Confirming Party shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. 7.2.1 . It is clarified that the Promoter Vendors / Confirming Party shall be deemed to have duly complied with all its obligations in case the Promoter Vendors/Confirming Party issues notice of completion to the Allottee Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement to Sell

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the The Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon The Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by The Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favourofThe Allottee shall be executed and registered by the Promoters (subject, however, to The Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Co-Owner/Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the The Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesofAllottee, as the case may be, be after the issuance of the completion certificate for the projectSaid Project/Complex. The Promoter Promoters shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Said Apartment, as the case may be, to the The Allottee at the time of conveyance of the sameApartment in favour of The Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To SubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied comply with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee Buyer in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee Buyer making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Buyer to the Promoter Developer hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Buyer shall be carried out by the promoter Developer within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee Buyer making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter Developer shall not be liable to deliver possession of the Apartment to the Allottee Buyer nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Buyer makes payment of all amounts agreed and required to be paid hereunder by the Allottee Buyer and the Allottee Buyer has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Buyer to be observed and performed until then]. The Promoter Developer agrees and undertakes to indemnify the Allottee Buyer in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The AllotteeBuyer, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/ association of allotteesBuyers, as the case may be, after the issuance of the completion certificate for the project. The Promoter Developer shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Buyer at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter Developer shall be deemed to have duly complied with all its obligations in case the Promoter Developer issues notice of completion to the Allottee Buyer on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, Promoter upon obtaining the occupancy Occupancy Certificate or Completion Certificate or such other certificate or completion certificate (which may be partial), whichever be applicable, from by whatever name called issued by the competent authority under the Act for the Project or certification by the Architect as per clause 34.2 below and subject to the Allottee not being in breach of any of his/her/their/its obligations under this Agreement, shall offer in writing the possession of the Apartment, Said Apartment And Properties Appurtenant Thereto to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein(Possession Notice). [Provided that, that in the absence of local law, the conveyance deed Deed of Assignment in favour of the Allottee shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / completion Occupancy Certificate or Completion Certificate or such other certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by whatever name called issued by the Allottee competent authority under the Act for the Project or certification by the Architect as per clause 34.2 below. Xx t h t h e P r o m o t e r a n d t h e A l l o t t e e agree and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes undertake to indemnify the Allottee each other in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of pertaining to the Promoteraforesaid. The Allottee, after taking possession, agree(sAllottee agrees(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesMaintenance Company, as the case may be, after the issuance of the completion Occupancy Certificate or Completion Certificate or such other certificate by whatever name called issued by the competent authority under the Act for the projectProject or certification by the Architect as per clause 34.2 below. The Promoter shall handover the a copy of the occupancy certificate / completion certificate of the apartment to the Allottee such certificate, at the time of conveyance Deed of Assignment of the same. 7.2.1 Said Apartment and Properties Appurtenant Thereto. It is clarified that the Promoter Allottee shall be deemed to have duly complied comply with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause clause 7.1 above.

Appears in 1 contract

Samples: Assignment Agreement

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the occupancy completion certificate or completion certificate (which the occupancy certificate, as the case may be partial), whichever be applicablebe, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to or the Allottee making payment on account of stamp dutyoccupancy certificate, registration fee etc., Provided Further That as the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within [●] ([●]) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (the actual date on which the Allottee takes possession of the Apartment, or, the [●]th ([●]) day from the date of such notice by the Promoter, whichever is earlier, shall hereinafter be referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter/Association/Apex Body, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance lease of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Samples: Lease Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartmentsaid Apartment / Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein and insuch notice and the Promoter shall give possession of issue of such certificate Subject To the said Apartment / Unit to the AllotteeSubjectTo the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the said Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Sub-Lease Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing after receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Apartment / Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Samples: Sub Lease Agreement

Procedure for taking possession. (i) The Sub-Lessor/Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee Sub-Lessee/Allottee/Purchaser in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed in favour execution of the Allottee Indenture of Lease in favor of the Sub- Lessee/Allottee/Purchaser shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the case may be). However, upon the Sub- Lessor/Promoter giving a written notice, the Sub-Lessee/Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Apartment, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. The Promoter Sub-Lessor/Xxxxxxxx agrees and undertakes to indemnify the Sub- Lessee/Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Sub-Lessor/Promoter. The Allottee, after taking possession, Sub- Lessee/Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Sub-Lessor/Promoter/association of allotteesSub-Lessee/Allottees, as the case may be, . The Sub-Lessor/Promoter on its behalf shall offer the possession to the Sub- Lessee/Allottee in writing after receiving the issuance occupancy certificate/completion certificate (notice of possession). The Sub-Lessor/Promoter shall hand over the photocopy of the completion certificate for the project. The Promoter shall handover the copy Completion Certificate of the occupancy certificate / completion certificate of the apartment Project/Block to the Sub- Lessee/Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) If the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion Common areas including constructed common areas are transferred to the Allottee Association at the time of registration of the Indenture of Lease of the common area to the Association of Sub-Lessee/Allottee/Purchaser, the Sub- Lessee/Allottees shall pay to the Sub-Lessor/Promoter, their share of stamp duty and registration charges payable, by the said Society or Limited Company on such registration of lease or before any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration Indenture of Lease of the project land, the Sub-Lessee/Allottee/Purchaser shall pay to the Sub-Lessor/Promoter, the Sub-Lessee/Allottees/Purchaser ' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such registration of lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Samples: Sub Lease Agreement

Procedure for taking possession. 6.2.1 The PromoterDeveloper, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinAgreement. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter Each Party agrees and undertakes to indemnify the Allottee other Parties, for all direct and actual losses suffered by the other Parties, in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of such Party. 6.2.2 The Allottee shall take possession of the PromoterUnit within 15 (fifteen) days of the written notice from the Developer to the Allottee intimating that the said Unit is ready for use and occupancy (the actual date on which the Allottee takes possession of the Unit, or, the 15th (fifteenth) day from the date of such notice by the Developer, whichever is earlier, shall hereinafter be referred to as the “Possession Date”). The AllotteeOn and from the Possession Date, after taking possession, agree(s) the Allottee agrees to pay the maintenance charges as determined by the Promoter/ association Developer in accordance with the provisions of allottees, as the case may be, after the issuance of the completion certificate for the projectthis Agreement. The Promoter Developer shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Unit, if any, to the Allottee at the time of conveyance of the same. 7.2.1 6.2.3 It is further clarified that execution of the Promoter conveyance deed and transfer of physical possession of the Unit shall be deemed withheld till all Dues are cleared by the Allottee in respect of the Unit, at the cost of the Allottee. 6.2.4 The Developer agrees to have duly complied with pay all its obligations in case outgoings before transferring the Promoter issues notice physical possession of completion the Unit to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Developer fails to pay all or any of the outgoings collected by it from the Allottee on or any liability, mortgage, loan and interest thereon before transferring the date mentioned in Clause 7.1 aboveUnit to the Allottee, the Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon payment of the Total Price, other charges/amounts and deposits as provided herein and also the requisite Stamp Duty and registration and other charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Completion/ Occupancy Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate full or completion certificate (which may be partial), whichever be applicable, partial Completion/ Occupancy Certificate from the competent authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the terms of Promoter giving a written notice, the Agreement Promoter shall give and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver take possession of the Apartment to within the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time stipulated in the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) Allottee agrees to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllottees, as the case may be, after the date of issuance of the completion certificate for the projectCompletion/ Occupancy Certificate / notice of possession. The Promoter shall handover upon request hand over the copy photocopy of the occupancy certificate / completion certificate Completion/ Occupancy Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (iii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of execution/registration of conveyance of any part of portion of the Promoter issues notice of completion Common Areas/Common Amenities and Facilities to the Association, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable by the Association on such conveyance or before the date mentioned in Clause 7.1 aboveany document or instrument of transfer.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 2 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promotera) Subject to the terms of this Agreement, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority Vendor shall offer in writing to the Vendee to take possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 Unit. Within thirty (two30) months days from the date of issue of such certificate Subject To notice, the Vendor shall hand over the possession of the said Unit to the Vendee for his/ her/ their occupation and use in compliance with the provisions of Clause 8. b) Upon receiving an intimation in writing from the Vendor, the Vendee shall in any event not later than 30 days thereof, take possession of the said Unit from the Vendor by executing necessary indemnities, undertakings, and such other documentation as the Vendor/Developer may prescribe and the Vendor shall, after satisfactory execution of such documents and payment by the Vendee of all the amounts/dues as set out in this Agreement including the payment towards stamp duty and registration charges, permit the Vendee to occupy the Unit , on the terms and conditions contained in this Agreement. If the Vendee fails to take possession of the Agreement Unit as aforesaid within the time limit prescribed by the Vendor/Developer in its notice, then the said Unit shall lie at the risk, responsibility and cost of the Vendee in relation to all the damage within the Unit, outgoing cess, taxes, levies etc and the Allottee Vendor shall have no liability or concern thereof and further that the Vendor/Developer shall also be entitled to holding charges as provided under clause 9. Subject to the Vendee making payment all payments under this Agreement, the Vendor shall prepare and execute in favour and along with the Vendee a conveyance deed to convey the title of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed said Unit in favour of the Allottee shall be carried out Vendee but only after payment by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account Vendee of stamp duty, registration fee etc.charges, Provided Further That incidental expenses for registration, legal expenses for registration and all other dues as set forth in this Agreement or as demanded by the Promoter shall not be liable Vendor/Developer/Maintenance Agency from time to deliver possession time prior to the execution of the Apartment Conveyance Deed. The Parties agree that after the Vendee has provided all the details and documents as provided in the written notice as stated in this clause and/ or other documents required for the purpose of registration of the Conveyance Deed, the Vendor shall make all reasonable efforts to get the Conveyance Deed registered within a reasonable time. The Vendee agrees and undertakes to make himself/ herself/themselves available for the purpose of registration on the date(s) as informed by the Vendor. If the Vendee is in default of any of the payments as afore stated, then the Vendee authorises the Vendor and the Vendor shall be at liberty to withhold registration of the Conveyance Deed in favour of the Vendee till full and final settlement of all dues to the Allottee nor satisfaction of the Vendor is made and discharged by the Vendee. The Vendee undertakes to execute or cause to be executed any Sale Conveyance Deed or other instruments until such within the time the Allottee makes payment of all amounts agreed and required to be paid hereunder stipulated by the Allottee Vendor in its written notice failing which the Vendee authorises the Vendor to cancel the allotment and the Allottee has fully performed all the terminate this Agreement in terms conditions and covenants of Clause 15 of this Agreement and on the part to forfeit out of the Allottee amounts paid by him/her the Xxxxxxx Money, processing fee, brokerage paid/committed, interest on delayed payment , any interest paid, due or payable, any other amount of a non-refundable nature and to be observed and performed until then]. The Promoter agrees and undertakes to indemnify refund the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined balance amount deposited by the Promoter/ association of allottees, as Vendee without any interest in the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned manner prescribed in Clause 7.1 above15 herein below.

Appears in 1 contract

Samples: Unit Buyer's Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Allottee.(the “POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Owners and Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for of the projectProject. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the completion certificate or the occupancy certificate or completion certificate (which certificate, as the case may be partial)be, whichever be applicable, being obtained from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to or the Allottee making payment on account of stamp dutyoccupancy certificate, registration fee etc., Provided Further That as the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within 15 (fifteen) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (hereinafter referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter, Developer or Association, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. (i) The Unit shall be considered as ready for use and occupation on the date of receipt of OC or any other certificate required for occupation from the competent authorities. (ii) The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)OC, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Annexure I and also pay the applicable GST, Value Added Tax, service tax and any other tax, levy, cess or any other charges levied by the statutory authorities in respect of the said Unit (if applicable), by time to time to the Allottee Promoter, for construction and sale of the said Unit. (iii) The Allottee(s) shall also be required to submit a valid and subsisting permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (as amended upto 2012) duly procured from the competent authorities to the Promoter. In the event, the Allottee(s) is unable to produce this permission within such date as mentioned in terms the Offer of this Agreement Possession letter, the Promoter shall withheld the handover of possession of the Unit to the Allottee(s) and Holding Charges as mentioned in Annexure G shall be taken within 2 applicable till the Allottee(s) takes actual possession of the Unit, upon receipt of permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (twoas amended upto 2012). (iv) months For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession (for fit outs) or not. Such date shall be referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges or the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be. (v) The Promoter, after upon receiving payments made by the issuance Allottee(s) as per this Agreement shall offer in writing the possession of the completion certificate for Unit, to the projectAllottee(s) in terms of this Agreement to be taken within 15 (fifteen) days from the date of issue of such written communication. The Promoter Allottee(s) shall handover the copy take possession of the occupancy certificate / completion certificate of Unit from the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided in this Agreement such Allottee(s) shall continue to be liable to pay CAM charges as applicable. (vi) In the event the Allottee(s) fails to take possession of the Unit within such date as mentioned in the Offer of Possession letter, then the Unit shall lie at the risk and cost of the Allottee(s). The maintenance charges and the defect liability period shall commence from the CAM Commencement Date. In addition to payment of interest for delayed payments, the Allottee(s) shall be liable to pay Holding Charges as specified in Annexure G from expiry of CAM Commencement Date till the Allottee(s) takes actual possession of the Unit. The Allottee(s) agrees and acknowledges that the Promoter’s obligation of delivering possession of the Unit shall come to an end and the Promoter shall not be responsible and/or liable for any obligation towards the Allottee(s) for the possession of the said Unit. Under such circumstances it shall be deemed that the Allottee(s) has taken possession of the said Unit. During the period of the said delay by the Allottee(s), the Unit shall remain locked and shall continue to have duly complied with all be in possession of the Promoter but at the sole risk, responsibility and cost of the Allottee(s) in relation to its obligations deterioration in physical condition. (vii) The Allottee(s) hereby agrees that in case the Allottee(s) fails to respond and/or neglects to take possession of the Unit within the aforementioned time as stipulated by the Promoter issues notice and/or cancel / terminate this Agreement, then the Promoter shall also be entitled to reserve his right to forfeit the entire amount received by the Promoter towards the Unit along with interest on default in payment of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveinstalments (if any), applicable taxes and any other charges and amounts.

Appears in 1 contract

Samples: Apartment Buyer’s Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the ApartmentSAID VILLA, to the Allottee in terms of this Agreement to be taken within 2 (two) months one month from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment SAID VILLA to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter or association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within 7 days of receiving the occupancy certificate / completion certificate of the apartment Project. The Allottee shall take possession of the SAID VILLA within 15 days of the written notice from the promoter to the Allottee at intimating that the time SAID VILLA is ready for use of conveyance occupancy. Failure of Allottee to take Possession of SAID VILLA upon receiving a written intimation from the Promoter as per clause ,the Allottee shall take possession of the same. 7.2.1 It is clarified that SAID VILLA from the Promoter by paying all amounts executing necessary indemnities, undertakings and such other documentation as specified in this Agreement, and the Promoter shall give possession of the SAID VILLA to the allottee .In case the Allottee fails to take possession within the time provided in clause , such Allottee shall continue to be deemed liable to have duly complied with pay maintenance charges as applicable including all Government rates, taxes, charges, interest on delay and all other outgoing and expenses of and incidental to the management and maintenance of the said Project and the building thereon. If within a period of five years from the date of handing over the SAID VILLA to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the SAID VILLA or the building in which the Villa are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at its obligations own cost and in case it is not possible to rectify such defects, then the Promoter issues notice of completion Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. In case the allotee(s) carry out any work within the SAID VILLA after taking possession, resulting in cracks and dampness or any other defect within or to the Allottee on adjoining Villas/s, then in such an event the promoter shall not be liable to rectify or before pay compensation. But the date mentioned promoter may offer services to rectify such defects with nominal charges. Hairline cracks and dampness caused due to settlement, humidity, variations in Clause 7.1 abovetemperature, electrical conduits, etc. cannot be considered as defective work.

Appears in 1 contract

Samples: Agreement to Sell

Procedure for taking possession. (a) The Certificate issued by the Architect appointed by the Promoter for the Project with regard to the completion of construction of the Apartment in conformity with the sanctioned building plans and specifications mutually agreed under this Agreement shall be final and binding on the Parties; (b) On receipt of the Certificate from the Architect as mentioned hereinabove and upon the Allottee/s making payment of the necessary amounts in conformity with the Payment Schedule (Schedule C), provided the Allottee/s is/are not in default of any of the terms and conditions of this Agreement, the Promoter shall intimate the Allottee/s to come for the inspection of the Apartment (“Inspection Notice”) within a period specified in the Inspection Notice. In case the Allottee/s fail/s to turn up for the inspection within the period stipulated in the Inspection Notice, the Apartment would be deemed to have been inspected and accepted by the Allottee/s. During the inspection, the Promoter shall make a list of snags as may be indicated by the Allottee/s and clear the snags within a time period informed to the Allottee/s at the time of inspection. The decision of the Promoter with regard to the clearance of the snags will be final. (c) The Promoter, upon obtaining of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Completion Certificate in part/lots from the competent authority Sanctioning Authority, shall offer serve upon the Allottee/s, a notice in writing to take over the possession of the Apartment (“Possession Notice”) within the period stipulated in the said Possession Notice. (d) The Allottee/s shall participate towards registration of the Sale Deed in respect of the Apartment in the manner mentioned in Clause 11 hereof and take over the possession of the Apartment from the Promoter on any date within the period stipulated in the Possession Notice (“Possession Date”) subject to the payment of the Total Payable Amount in conformity with the Payment Schedule and the complete performance, observance and fulfillment of all the terms and conditions of this Agreement by the Allottee/s. (e) If the Allottee/s, for whatsoever reason, fail/s and/or neglect/s to participate towards registration of the Sale Deed of the Apartment and take over the possession of the Apartment from the Promoter within the period stipulated in the Possession Notice, the Allottee/s shall be deemed to have taken possession upon expiry of the period specified in the Possession Notice for taking over possession of the Apartment (“Deemed Date of Possession”). For all purposes, such Deemed Date of Possession, irrespective of the actual date on which the Allottee/s take/s over the physical possession of the Apartment, will be construed as the Possession Date. It is clarified herein that the actual physical possession of the Apartment will be handed over to the Allottee in terms of this Agreement to be taken within 2 (two) months from Allottee/s only after the date of issue of such certificate Subject To the terms registration of the Agreement and the Allottee making payment Sale Deed of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Apartment in favour of the Allottee Allottee/s in the manner mentioned in Clause 11 hereof. (f) On and from the Possession Date or the Deemed Date of Possession, as may be applicable: I. The Apartment shall be carried out by at the promoter within 3 months from sole risk and responsibility and cost of the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Allottee/s and the Promoter shall not have no liability or concern thereof. II. The Allottee/s shall become liable to pay the Maintenance and other Charges or any other outgoings in respect of the Apartment. III. All taxes, deposits and other levies/charges, utility payments imposed, demanded or required to be liable paid to the authorities concerned relating to the Apartment and the undivided interest in the Project Land shall be borne and paid by the Allottee/s. IV. All other expenses necessary and incidental to the management and maintenance of the Project as determined by the Promoter/Association of the Allottees as the case may be shall be borne by the Allottee/s. (g) In the event the Promoter is unable to deliver possession of the Apartment within the time frame mentioned in Clause 7.1(b) above due to reasons mentioned in Clause 7.1(c) above, the Promoter shall intimate the Allottee/s of the occurrence of the same and shall complete the Project within such reasonable extended period as may be intimated to the Allottee nor Allottee/s. (h) It will not be a pre-requisite or condition precedent for the Promoter to execute or cause complete the Common Areas and Common Utilities, Facilities & Amenities for issuance of Possession Notice in respect of the Apartment to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed Allottee/s. The Promoter shall, nonetheless, complete the same within the Possession Period stipulated in Clause 7.1(b). (i) The Allottee/s understand/s and required to be paid hereunder by agree/s that the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the Promoter may develop a part of the Allottee to be observed Project and performed until then]. The Promoter agrees and undertakes to indemnify defer the Allottee in case development of failure of fulfillment of any some of the provisions, formalities, documentation on part Clusters/Towers within the Project without affecting the handover of Apartment to the Promoter. Allottee/s. (j) The Allottee, after taking possession, agree(s) to pay /s understand/s and agree/s that 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. The Promoter shall handover the copy possession of the occupancy certificate / completion certificate various apartments/shops comprised in the Project or part thereof in parts/lots. The sequence of handover of possession of a particular part/lot of apartments/shops in the Project will be at the sole discretion of the apartment to the Allottee at the time of conveyance of the samePromoter. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. (a) A certificate shall be issued by the Architect appointed by the Promoter for Project Sunshine One with regard to the completion of construction of the Apartment. (b) On receipt of the certificate from the Architect as mentioned hereinabove and upon the Allottee/s making payment of the necessary amounts in conformity with the Payment Schedule (Schedule C), provided the Allottee/s is/are not in default of any of the terms and conditions of this Agreement, the Promoter shall intimate the Allottee/s to come for inspection of the Apartment (“Inspection Notice”) within a period specified in the Inspection Notice. In case the Allottee/s fail/s to turn up for the inspection within the period stipulated in the Inspection Notice, the Apartment would be deemed to have been inspected and accepted by the Allottee/s. During the inspection, the Promoter shall make a list of snags as may be indicated by the Allottee/s and clear the snags within a time period informed to the Allottee/s at the time of inspection. The decision of the Promoter with regard to the clearance of the snags will be final. (c) The Promoter, upon obtaining of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Completion Certificate in parts/lots from the competent authority Sanctioning Authority, shall offer serve upon the Allottee/s, a notice in writing to take over the possession of the Apartment (“Possession Notice”) within the period stipulated in the said Possession Notice. (d) The Allottee/s shall participate towards registration of the Sale Deed in respect of the Apartment in the manner mentioned in Clause 10 hereof and take over the possession of the Apartment from the Promoter on any date within the period stipulated in the Possession Notice (“Possession Date”) subject to the payment of the Total Payable Amount in conformity with the Payment Schedule and the complete performance, observance and fulfillment of all the terms and conditions of this Agreement by the Allottee/s. (e) If the Allottee/s, for whatsoever reason, fail/s and/or neglect/s to participate towards registration of the Sale Deed of the Apartment and take over possession of the Apartment from the Promoter within the period stipulated in the Possession Notice, the Allottee/s shall be deemed to have taken possession upon expiry of the period specified in the Possession Notice for taking over possession of the Apartment (“Deemed Date of Possession”). For all purposes, such Deemed Date of Possession, irrespective of the actual date on which the Allottee/s take/s over the physical possession of the Apartment, will be construed as the Possession Date. It is clarified herein that the actual physical possession of the Apartment will be handed over to the Allottee in terms of this Agreement to be taken within 2 (two) months from Allottee/s only after the date of issue of such certificate Subject To the terms registration of the Agreement and the Allottee making payment Sale Deed of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Apartment in favour of the Allottee Allottee/s in the manner mentioned in Clause 10 hereof. (f) On and from the Possession Date or the Deemed Date of Possession, as may be applicable: (i) The Apartment shall be carried out by at the promoter within 3 months from sole risk and responsibility and cost of the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Allottee/s and the Promoter shall not have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the maintenance and other charges or any other outgoings in respect of the Apartment; (iii) All taxes, deposits and other levies/charges, utility payments imposed, demanded or required to be liable paid to the authorities concerned relating to the Apartment and the undivided interest in Project Sunshine One Land shall be borne and paid by the Allottee/s; (iv) All other expenses necessary and incidental to the management and maintenance of the Project Sunshine One as determined by the Promoter/Association of the Allottees as the case may be shall be borne by the Allottee/s; (g) In the event the Promoter is unable to deliver possession of the Apartment within the time frame mentioned in Clause 7.1(b), due to Force Majeure Event or due to default of the Allottee, the Promoter shall intimate the Allottee/s of the occurrence of the same and shall complete e Project Sunshine One within such reasonable extended period as may be intimated to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time Allottee/s. (h) The Allottee/s understand/s and agree/s that the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the Promoter may develop a part of Project Sunshine One and defer the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case development of failure of fulfillment of any some of the provisions, formalities, documentation on part Towers within Project Sunshine One without affecting the handover of Apartment to the Promoter. Allottee/s. (i) The Allottee, after taking possession, agree(s) to pay /s understand/s and agree/s that 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. The Promoter shall handover the copy possession of the occupancy certificate / completion certificate various apartments comprised in Project Sunshine One or part thereof in parts/lots. The sequence of handover of possession of a particular part/lot of apartments/s in the Project Sunshine One will be at the sole discretion of the apartment to the Allottee at the time of conveyance of the samePromoter. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate and or completion certificate (which may be partial( or such other certificate by whatever name called issued by the competent authority), whichever be applicable, from the competent authority shall offer within a maximum period of fifteen days from such date, shall issue a letter (the “NOTICE OF POSSESSION”) offering in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement by sending the notice of such offer by way of speed post/e- mail calling upon the Allottee to be taken take possession of the Unit within 2 (two) months a maximum of forty five days from the date of issue the said Notice of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein“POSSESSION DATE/DEEMED DATE OF POSSESSION”). [Provided that, in the absence of local law, that the conveyance deed of the Unit in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in thePart II of the SIXTH SCHEDULE hereto and taking possession of the Unit in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possessionpossession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges charges,taxes etc as determined by the Promoter/ association Promoter/Association of allottees. The Promoters shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/ Unit, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance Deed of Assignment of the samecommercial unit in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Assignment Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter/Intimation of Possession (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 30 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, if any, maintenance security etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Jaipur. After expiry of 3 (twoThree) full calendar months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawcompletion certificate, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association, as the case may be. The Promoter shall handover a copy of completion certificate of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Stamp Act, 1998 and Registration Act, 1908 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall not be responsible for any damage caused to the Unit on account of delay on the part of the Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the same on “as is where is basis”. The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and transformer, etc. Possession of the Allottee(s)- After obtaining the completion certificate and handing over physical possession of the Unit to the Allottee(s), it shall be the responsibility of the Promoter to handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the samenecessary documents and plan, including common areas as per applicable laws. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate or completion certificate Occupancy Certificate / Part OC of BSL - Wing (which may be partialPhase-I), whichever be applicable, from SRA/ MCGM and the competent authority payment made by the Allottee/s as per the Agreement shall offer in writing the possession of the Apartment, said Apartment to the Allottee Allottee/s in terms of this Agreement to be taken within 2 30 (twothirty) months days from the date of issue of such certificate Subject To notice and the terms Promoters shall give possession of the Agreement and said Apartment to the Allottee making payment of Allottee/s. (a) As soon as the entire Promoters shall notify that the said Apartment is ready for occupation, the Allottee/s shall pay the balance consideration and amount (together with accrued interest, if any) along with all other amounts dues and deposits payable by the Allottee Allottee/s within 10 (ten) days of issue of such notice issued in writing to the Promoter hereunder Allottee/s at their abovementioned address. (b) On the Promoters giving written notice to the Allottee/s intimating that the said Apartment is ready for use and fulfilling occupation, the Allottee/s shall, before taking possession of the said Apartment, inspect the same thoroughly as to the construction and/or amenities and other facilities provided therein as agreed upon hereto. (c) The Allottee/s agrees to sign and deliver to the Promoters at their cost before and after possession of the said Apartment all his other covenants / obligations hereinwritings, papers, documents, applications etc. [Provided thatas may be necessary or required by the Promoters to put the intention of the parties as reflected herein into complete effect. (d) After possession of the said Apartment is handed over to the Allottee/s, in if any additions or alterations (not arising by reason of any breach by the absence Promoters of local any law, rules or regulations) in or about or relating to the conveyance deed in favour of said building and/or the Allottee said Apartment are required to be carried out by any statutory authority, the same shall be carried out by the promoter within 3 months from Allottee/s and the date other acquirers of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etcFlat in the said building at their own costs and the Promoters will not in any manner be responsible or liable for the same., Provided Further That (e) Under no circumstances the Promoter shall not be liable to deliver possession of the said Apartment shall be given to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments Allottee/s unless and until such time the Allottee makes payment of all amounts agreed and payments required to be paid hereunder made under this Agreement by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. Allottee/s has/have been made by him/her/them. (f) The Allottee, after taking possession, agree(s) /s agrees to pay the maintenance charges as determined by the Promoter/ Promoters or association of allotteesAllottee/s, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining of the occupancy certificate or the completion certificate (which or the partial occupancy certificate or the partial completion certificate, as the case may be partial)be, whichever be applicable, for the Said Block from the competent authority shall offer in writing the possession of the Apartment, Said Apartment in writing by way of a notice to the Allottee in terms of this Agreement and the allottee shall be liable to be taken take such possession of the unit within 2 3 (twothree) months from the date of issue of such certificate Subject To notice by executing necessary indemnities, undertakings and such other documentation as prescribed in this agreement, hereafter referred to as the terms "Possession Date". Irrespective of whether the Allottee takes possession of the Agreement and Apartment within the Possession Date or not, the Allottee making payment shall be deemed to have taken possession of the entire balance consideration Apartment on the Possession Date and all maintenance charges and other amounts and deposits payable by applicable charges in respect to the Apartment shall be applicable from such date when the possession becomes due. If the Allottee has also purchased a Parking Space in allocated parking Space, the same may not be handed over to the Promoter hereunder Allottee along with the Apartment, but irrespective of whether the Parking Space is handed over or not, or all parts and fulfilling all his other covenants / obligations herein. [Provided thatportions of the Phase Common Portions are completed or not, the Allottee shall be bound to take possession of the Apartment within the stipulated time as shall be mentioned in the absence said notice of local lawpossession. The Allottee shall pay the requisite Stamp Duty, Registration Fee and other charges, hereafter the "Registration Charges", for registration of the Conveyance Deed of the Apartment within 3 (three) months from the date of issuance of the occupancy certificate or the completion certificate or the partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block at the cost and expense of the Allottee. The Promoter shall have the conveyance deed executed and registered in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession immediately after receipt of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Registration Charges. The Promoter and the Allottee has shall fully performed all the terms conditions and covenants of cooperate with each other in this Agreement and on the part of the Allottee to be observed and performed until then]regard. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. Till such time the conveyance is registered in accordance with Clause 8(9) hereunder, the Promoter may not hand over possession of the Apartment to the Allottee but yet the Allottee will be deemed to have taken possession on the Possession Date and shall be liable to make payments towards the maintenance charges and/or other applicable charges in respect of the said Apartment. The Allottee, after taking possession, agree(s) Allottee agrees to pay the maintenance charges Maintenance Charges as determined by the Promoter/ association of allotteesPromoter or the Phase Association, as the case may be, after on and from the issuance Possession Date irrespective of whether it takes possession or not given possession for non-registration of the completion certificate conveyance. Upon receipt of the Partial Completion Certificate or Completion Certificate or Partial Occupancy Certificate or Occupancy Certificate, as the case may be, the Promoter shall intimate the Allottee for taking the projectpossession. The Promoter on its behalf shall offer the possession to the Allottee in writing within 3 (three) months from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. Possession Date shall be the date as mentioned in the Possession Intimation Notice. The Promoter shall handover the a copy of the occupancy certificate / or the completion certificate of or the apartment partial occupancy certificate or the partial completion certificate, as the case may be, for the Said Block to the Allottee at the time of registering the deed of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such certificate notice and the Promoter shall give possession of the [Apartmentto the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter on its behalf shall handover offer the copy possession to the Allottee in writing within days of receiving the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit- outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. I. The Unit shall be considered as completed on the date of receipt of the Completion Certificate and further, shall be considered ready for use and occupation on the date of receipt of the Occupancy Certificate (hereinafter referred to as the “OC”); II. The Promoter, upon after obtaining the occupancy certificate or completion certificate (which Completion Certificate, shall forward a copy of the same to the Allottee(s), along with a copy of the application for OC duly made by the Promoter. Upon receipt of the Completion Certificate, the Allottee(s) shall clear all outstanding dues and keep deposited with the Promoter, all and any amounts due and payable under this Agreement, as may be partialmentioned in Annexure H and also pay the applicable GST, Value Added Tax, service tax and any other tax, levy, cess or any other charges levied by the statutory authorities in respect of the Unit (if applicable), whichever be applicablefrom time to time to the Promoter, from the competent authority shall offer in writing the possession for construction and sale of the Apartment, Unit; III. Upon the Allottee(s) making to the Allottee Promoter, all the payments due under this Agreement, and upon the Promoter obtaining the OC in terms respect of this Agreement the Unit, the Promoter shall issue the Offer of Possession letter to the Allottee(s), requesting the Allottee(s) to take possession within such date as mentioned in the Offer of Possession letter. For the purposes of avoidance of doubt, it is clarified that the CAEM Charges shall commence from 10 (ten) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession (for fit outs) or not. Such date shall be taken within 2 (two) months referred to as “CAEM Commencement Date”. In such cases that the unit/s are sold after the date of Offer of Possession, the CAEM charges for the Unit shall commence from the date on which the last installment of issue of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided thatallotment, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]plus 10 (ten) days. The Promoter Allottee(s) agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organization, as the case may be, after the issuance ; IV. The Allottee(s) shall take possession of the completion certificate for Unit from the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Unit to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided in this Agreement, such Allottee(s) shall continue to be liable to pay CAEM charges as applicable; V. In the event the Allottee(s) fails to take possession of the Unit within such date as mentioned in the Offer of Possession letter, then the Unit shall lie at the risk and cost of the Allottee(s). The maintenance charges and the defect liability period shall commence from the CAEM Commencement Date. The Allottee(s) agrees and acknowledges that the Promoter’s obligation of delivering possession of the Unit shall come to an end, and the Promoter shall not be responsible and/or liable for any obligation towards the Allottee(s) for the possession of the Unit. Under such circumstances it shall be deemed that the Allottee(s) has taken possession of the Unit. During the period of the said delay by the Allottee(s), the Unit shall remain locked and shall continue to have duly complied with all be in possession of the Promoter, but at the sole risk, responsibility and cost of the Allottee(s) in relation to its obligations deterioration in physical condition; VI. The Allottee(s) hereby agrees that in case the Allottee(s) fails to respond and/or neglects to take possession of the Unit within the aforementioned time as stipulated by the Promoter issues notice and/or cancel/terminate this Agreement, then the Promoter shall also be entitled to reserve its right to forfeit the entire amount received by the Promoter towards the Unit along with interest on default in payment of completion to the Allottee on or before the date mentioned in Clause 7.1 above.installments (if any), applicable taxes and any other charges and amounts;

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 30 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, Delay payment charges if any, maintenance security etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Jaipur. After the expiry of 3 (twoThree) full calendar months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawcompletion certificate, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association, as the case may be. The Promoter shall handover the copy of completion certificate of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Stamp Act, 1998 and Registration Act, 1908 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall not be responsible for any damage caused to the Unit on account of delay on the part of the Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the same on “as is where is basis”. The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and transformer, etc. Possession of the Allottee(s)- After obtaining the completion certificate and handing over physical possession of the Unit to the Allottee(s), it shall be the responsibility of the Promoter to handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the samenecessary documents and plan, including common areas as per applicable laws. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining Vendors / Confirming Party on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-A property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendors / Confirming Party hereunder and fulfilling all his his/her/their other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendors / Confirming Party within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendors / Confirming Party shall not be liable to deliver possession of the Apartment Schedule-A property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter agrees Vendors / Confirming Party agree and undertakes undertake to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors / Confirming Party. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendors / Confirming Party / Association of allotteesPurchasers from the date of registration and/or handover of the units/flats, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendors / Confirming Party shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. 7.2.1 . That in addition to the aforesaid maintenance charges, the Purchaser/s shall also pay annual maintenance charges as determined by the Vendors / Confirming Party / Association of Purchasers with respect to maintenance of Mechanical Parking from the date of registration and/or handover of the parking space/s, whichever is earlier, as the case may be. It is clarified that the Promoter Vendors / Confirming Party shall be deemed to have duly complied with all its obligations in case the Promoter Vendors / Confirming Party issues notice of completion to the Allottee Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement to Sell

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance lease deed in favour of the Allottee shall be carried out by the promoter within 3 months from Promoter and the date Lessor in terms of issue of occupancy / completion certificate this agreement subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment Unit to the Allottee nor to execute or cause to be executed any Sale Lease Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter shall handover the copy of the applicable occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance lease of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Lease Agreement

Procedure for taking possession. (i) The Unit shall be considered as ready for use and occupation on the date of receipt of completion certificate or any other certificate required for occupation from the competent authorities. (ii) The Promoter, upon after obtaining the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from shall issue the competent authority Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in the Offer of Possession letter. The Allottee(s) shall offer in writing before taking over the possession of the Apartmentsaid Unit, clear all outstanding dues, keep deposited with the Promoter, amounts mentioned in Schedule C and also pay the applicable taxes to the Allottee Promoter, as mentioned herein. The Allottee(s) shall take possession of the Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in terms of this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). (iii) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from end of 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession or not. Such date shall be taken within 2 (two) months referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges on the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It (iv) The Allottee(s) agrees and undertakes that on receipt of possession, if the Allottee(s) is clarified that desirous to carry out any interior fit out work, the Promoter same shall be deemed to have duly complied with all its obligations carried out as per the provisions set out in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveAnnexure 9 hereto.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or / completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee in terms of this Agreement to be taken within 2 1 (twoOne) months month from the date of issue of such occupancy certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate (Possession Date). [Provided that, in the absence of local lawlaw and subject to the Allottee complying with their obligations hereunder, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 (Three) months from the date of issue of occupancy certificate / completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., . Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts as mentioned in 1.2.1, and 1.2.2 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee. The Allottee, after taking possession, agree(s) agree to pay the maintenance charges as determined by the Promoter/ association Promoter / Association of allotteesAllottee, as the case may be, be after the issuance of the completion Occupancy certificate / Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / completion certificate of the apartment Apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed hand over copy of the occupancy certificate / completion certificate to have duly complied the Association after formation of the Association. The Land Owners herein shall jointly execute the sale deed in respect of the said apartment and undivided impartible variable proportionate share in the land in favour of the Allottee simultaneously with all its obligations the delivery of the said apartment but in case any event, within 3 (three) month from the Promoter issues notice date of completion to of the Allottee on proposed buildings and/ or before from the date mentioned in Clause 7.1 aboveof obtaining Certificate and / or Occupancy Certificate from the concerned authorities.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterPromoters, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, or such other certificate by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the The Allottee in terms of this Agreement by sending the notice of such offer by speed post/e -mail calling upon The Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by The Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favourofThe Allottee shall be executed and registered by the Promoters (subject, however, to The Allottee making all payments as mentioned in the SCHEDULE-C hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Co-Owner/Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Promoters agrees and undertakes to indemnify the The Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterPromoters. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesofAllottee, as the case may be, be after the issuance of the completion certificate for the projectSaid Project/Complex. The Promoter Promoters shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Said Apartment, as the case may be, to the The Allottee at the time of conveyance of the sameApartment in favour of The Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice Of Possession by the Allottees (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottees shall be executed and registered by the Promoter (subject, however, to the Allottees making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice Of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase II of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentRow House or the Town House Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to Row House or the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Town House Unit within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance of the occupancy certificate/ completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (i) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Vendor-Cum-Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Vendor-Cum-Developer as per requisition of the Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined dete rmined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum-Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining Vendors / Confirming Party on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-A property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendors / Confirming Party hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendors / Confirming Party within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendors / Confirming Party shall not be liable to deliver possession of the Apartment Schedule-A property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter agrees Vendors / Confirming Party agree and undertakes undertake to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendors. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendors / Association of allotteesPurchasers, from the date of registration and/or handover of the flat, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendors / Confirming Party shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. 7.2.1 . It is clarified that the Promoter Vendors / Confirming Party shall be deemed to have duly complied with all its obligations in case the Promoter Vendors / Confirming Party issues notice of completion to the Allottee Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

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Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereinAgreement. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter Each Party agrees and undertakes to indemnify the Allottee in other Partiesfor all direct and actual losses suffered by the other Partiesin case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of such Party. 6.2.2 The Allottee shall take possession of the Apartment within 15 (fifteen) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy(the actual date on which the Allottee takes possession of the Unit, or, the 15th (fifteenth) day from the date of such notice by the Promoter. The Allottee, after taking possessionwhichever is earlier, agree(s) shall hereinafter be referred to as the “Possession Date”).On and from the Possession Date, the Allotteeagrees to pay the maintenance charges as determined by the Promoter/ association Promoter in accordance with the provisions of allottees, as the case may be, after the issuance of the completion certificate for the projectthis Agreement. The Promoter shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance of the same. 7.2.1 6.2.3 It is further clarified that execution of the conveyance deed and transfer of physical possession of the Apartment shall be withheld till all Duesare cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. i) The PromoterPromoters, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and the payment made by the Allottee/s as per the payment plan under this agreement shall offer in writing the possession of the Apartmentsaid Apartment , to the Allottee Allottee/s in terms of this Agreement to be taken within 2 maximum 3 (twothree) months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Promoters shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the said Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter Allottee/s .The Promoters agrees and undertakes to indemnify the Allottee Allottee/s in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. . ii) The Allottee, after taking possession, /s agree(s) to pay the maintenance charges as determined by more specifically mentioned in clause 15(ii) iii) The Promoters on its behalf shall offer the Promoter/ association possession to the Allottee/s in writing within 7 days of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of receiving the occupancy certificate / completion certificate of the apartment Project. iv) The Allottee/s shall take possession of the Apartment within 15 days of the written notice from the Promoters to the Allottee at Allottee/s intimating that the time said Apartments are ready for use and occupancy: v) Failure of conveyance Allottee/s to take Possession of Apartment: Upon receiving a written intimation from the Promoters as mentioned herein, the Allottee/s shall take possession of the same. 7.2.1 It is clarified that said Apartment from the Promoters by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the said Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 12(ii) then such Allottee shall continue to be deemed liable to have duly complied with all its obligations pay maintenance charges as applicable. vi) If within a period of five years from the date of obtaining the Occupation Certificate, the Allottee/s brings to the notice of the Promoter any structural defect in the said Apartment or the building in which the said Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee/s shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. The aforesaid warranty given by the Promoter issues notice is applicable only if after occupying the apartment the allottee shall maintain the apartment in the same condition as it was handed over to him by the promoter. In case the allottee makes any changes of completion whatsoever nature including shifting of the walls, doors, windows and their grills, bedrooms, kitchen, bathrooms, balconies, terrace, enclosing balconies, flower bed, extending rooms, changing floorings, plumbing systems, electrical wiring, sanitary systems and fittings, fixing falls ceiling or doing any work affecting and damaging the columns and/or beams of the building, or damaging the stability of the structure of the building, intentionally or due to negligence, with or without the Allottee permission of the competent authority and/or society or association/company. Further, cases including where the allottee (i) installs air–conditioners on the external walls haphazardly which may destabilize the structure, (ii) allottee and/or its tenants load heavy luggage in the lift, (iii) damage any portion of the neighbor’s Apartment, or before common area by drilling or hammering etc. and (iv) does not follow the date conditions mentioned in Clause 7.1 abovethe maintenance manual, the allottee shall not be entitled to invoke the aforesaid warranty given by the promoter.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 30 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, Delay Payment Charges, if any, maintenance security etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Bhiwadi. After expiry of 3 (twoThree) full calendar months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawcompletion certificate, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association/ Maintenance Agency, as the case may be. The Promoter shall handover a copy of completion certificate of the Apartment Apartment/ Plot, as the case may be, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Stamp Act, 1998 and Registration Act, 1908 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall handover not be responsible for any damage caused to the copy Unit on account of delay on the part of the occupancy certificate / completion certificate Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It same on “as is clarified that the where is basis”. The Promoter shall not be deemed held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to have duly complied with all its obligations in case the Promoter issues notice any of completion to the Allottee on or before the date mentioned in Clause 7.1 abovemachineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever whiche ver be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (twotwo ) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants covenant s / obligations herein. [[ Provided thatthat , in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time ti me the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part par t of the Allottee to be observed and performed until then]. The Promoter agrees and an d undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promo ter/ association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause Cla use 7.1 above.

Appears in 1 contract

Samples: Unit Sale Agreement

Procedure for taking possession. The Promotera. Upon completion of the said XXXXXXXXX ASPIRE and on obtaining Full/Part Occupation Certificate for the XXXXXXXXX ASPIRE and Subject to the Purchaser/s not being in breach of any of the terms and conditions hereof and the Purchaser/s paying the entire consideration and other dues and charged payable by the Purchaser/s under this Agreement, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from Promoter shall endeavor to complete the competent authority shall offer in writing the construction of XXXXXXXXX ASPIRE and give possession of the Apartment, said Flat to the Allottee Purchaser/s on or before 31.03.2027. b. If the Promoter fails or neglects to give possession of the said Flat to the Purchaser/s on account of reasons beyond its control and of their agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Purchaser/s the amounts already received by them in terms respect of this Agreement to be taken within 2 the said Flat with interest as specified in the Rules (twoclause 21 hereinabove) months from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of issue time for giving delivery of such certificate Subject To said Flat on the terms aforesaid date, if the completion of building in which the said Flat is to be situated is delayed on account of – c. After possession of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee said Flat is handed over to the Purchaser/s, if any additions or alterations (not arising by reason of any breach bythe Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local any law, rules or regulations) in or about or relating to the conveyance deed in favour of said XXXXXXXXX ASPIRE and/or the Allottee said Flat are required to be carried out by any statutory authority, the same shall be carried out by the promoter within 3 months from Purchaser/s and the date other acquirers of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Flat in the said XXXXXXXXX ASPIRE at their own costs and the Promoter shall will not in any manner be responsible or liable to deliver for the same. d. Under no circumstances the possession of the Apartment said Flat shall be given to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments Purchaser/s unless and until such time the Allottee makes payment of all amounts agreed and payments required to be paid hereunder made under this Agreement by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Purchaser/s has/have been made by him/her/them. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) Purchaser/s agree/s to pay the maintenance charges as determined by the Promoter/ association Promoter or Association of allotteesPurchasers, as the case may be, after be and the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate MCGM Taxes / completion certificate of the apartment to the Allottee at the time of conveyance of the sameAssessment as levied bythe said Authority. 7.2.1 It is clarified that the Promoter e. The Purchaser/s shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before delivery of possession pay to the date mentioned Promoter the following amounts: i. Rs.600/- towards share money, application & entrance fee of the society ii. Rs. /- for proportionate share of taxes in Clause 7.1 aboverespect of Society.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two months from the date of issue of occupancy certificate/completion certificate (twoPossession Date). Provided That, in the absence of local law and subject to the Allottee(s) complying with his obligations hereunder, the conveyance deed in favour of the Allottee(s) shall be carried out by the Owners and the Promoter within 3 (three) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes payment of all amounts as mentioned in 1.2.1, 1.2.2 and 1.2.3 agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, after the issuance of the completion Occupancy certificate/Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed to have duly complied with all its obligations in case hand over copy of the Promoter issues notice of occupancy certificate/completion certificate to the Allottee on or before Association after the date mentioned in Clause 7.1 aboveformation of the Association.

Appears in 1 contract

Samples: Construction Contract

Procedure for taking possession. The Promoter, upon obtaining the occupancy Occupancy Certificate or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called/ issued by the competent authority from the competent authority shall offer in writing the possession of the Apartment/Villa], to the Allottee in terms of this Agreement to be taken within 2 (two) two months from the date of issue of such certificate Subject To Occupancy Certificate. The Allottee shall clear all his/her/their dues within the terms time specified in the offer of possession and take over possession of the Agreement Apartment/Villa. The execution of title documents including possession letter, conveyance deed and the Allottee making payment possession of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Said Apartment/Villa in favour of the Allottee shall be carried out subject to receipt of the Total Price and all other charges / amounts from the Allottee as detailed in this Agreement. The Allottee shall comply with and abide by applicable rules, regulations, terms and conditions prescribed/imposed by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]competent authorities. The Promoter agrees and undertakes to indemnify the and Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allotteesAllottees, as the case may be, be after the issuance of the completion certificate Occupancy Certificate for the projectProject. The Promoter shall handover hand over the copy of the occupancy certificate / completion certificate Occupancy Certificate of the apartment Apartment/Villa to the Allottee Allottee, if requested, at the time of conveyance of the same. 7.2.1 It is clarified that . The Allottee shall also pay Interest Free Maintenance Security Deposit (“IFMS”) calculated @ Rs. /- (Rupees ) per sq. ft. of the Promoter Carpet Area of the said Apartment/Villa as per the Price Schedule and Payment Plan annexed herewith. In addition to the above, the other terms and conditions relating to maintenance services, use of Common Areas and facilities and maintenance, payment of IFMS, sinking fund, maintenance charges, shall be deemed as set out in the maintenance agreement to have duly complied with all its obligations in case be executed by the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveAllottee.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining (i) Upon obtainment of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy Certificate from the Panvel City Municipal Corporation/competent authority and upon payment by the Allottee of the requisite Installments of the Sale Consideration and all other amounts due and payable in terms of this Agreement, the Promoter shall offer in writing the possession of the Apartment, said Premises to the Allottee in terms of this Agreement to be taken within 2 writing (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]“Possession Notice”). The Promoter Allottee agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or the Society, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within 7 days of receiving the time of conveyance Occupancy Certificate of the sameReal Estate Project. 7.2.1 It is clarified that (ii) The Allottee shall take possession of the said Premises within 15 days of the Possession Notice. (iii) Upon receiving the Possession Notice from the Promoter as per sub-clause (i) above, the Allottee shall take possession of the said Premises from the Promoter by executing necessary indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and the Promoter shall give possession of the said Premises to the Allottee. Irrespective of whether the Allottee takes or fails to take possession of the Premises within the time provided in sub-clause (ii) above, such Allottee shall continue to be deemed liable to have pay maintenance charges and all other charges with respect to the Premises, as applicable and as shall be decided by the Promoter. (iv) Within 15 (fifteen) days of receipt of the Possession Notice, the Allottee shall be liable to bear and pay his/her/its proportionate share i.e. in proportion to the carpet area of the said Premises, of outgoings in respect of the Real Estate Project and said Land including inter-alia, local taxes, betterment charges, other indirect taxes of every nature, or such other levies by the Collector / MMRDA / Panvel City Municipal Corporation or other concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, xxxx collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the Real Estate Project and/or the said Land. Until the Society is formed and the Society Conveyance is duly complied with all its obligations in case executed and registered, the Allottee shall pay to the Promoter issues notice such proportionate share of completion outgoings as may be determined by the Promoter at its sole discretion. The Allottee further agrees that till the Allottee's share is so determined by the Promoter at its sole discretion, the Allottee shall pay to the Promoter provisional monthly contribution of Rs. [●]/- (Rupees [●]) per month towards the outgoings. The amounts so paid by the Allottee on or before to the date mentioned Promoter shall not carry any interest and shall remain with the Promoter until the Society Conveyance is duly executed and registered. On execution of the Society Conveyance, the aforesaid amounts less any deductions as provided for in Clause 7.1 abovethis Agreement, shall be paid over by the Promoter to the Society.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining issue of the occupancy certificate Partial or completion certificate (which may be partial)Full Occupancy/Completion Certificate by the Corporation, whichever be applicable, from the competent authority shall offer in writing (“Notice for Possession”) the possession of the Apartment, said Apartment to the Allottee in terms of this Agreement to be taken by the Allottee within 2 (two) two months from the date of issue of such occupancy/completion certificate Subject To the terms subject to due compliance of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable Clause 7.1A by the Allottee to and subsequently the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence Deed of local law, the conveyance deed Conveyance in favour of the Allottee shall be carried out executed by the promoter Vendors and the Allottee within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy/Completion Certificate. The Allottee has been made aware and confirms that the Allottee making payment construction of some of the Common Areas including the Landscaped Garden on account of stamp duty, registration fee etc., Provided Further That the Promoter shall roof may not be liable to deliver possession completed and/or usable at the time of issuance of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Notice for Possession and the Allottee has fully performed all use and enjoyment of such Common Areas may not be simultaneous with the terms conditions said Apartment and covenants of this Agreement and on the part of the Allottee to may be observed and performed until then]at a later date. The Promoter agrees shall complete all the Common Areas and undertakes to indemnify make the Allottee same usable in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoterdue course. The Allottee, after issue of notice for taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association Promoter/Association of allottees, as the case may be, after corporation taxes and other outgoings in respect of the said Apartment Unit from the date of issuance of the completion certificate for the projectCompletion Certificate. The Promoter shall handover hand over the copy of the occupancy certificate / occupancy/completion certificate of the apartment said Apartment to the Allottee at the time of conveyance execution of the Deed of Conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining Vendor on application of the occupancy certificate or completion certificate (which may be partial)certificate, whichever be applicable, from to the competent authority shall offer in writing the possession of the ApartmentSchedule-B property, to the Allottee Purchaser/s in terms of this Agreement to be taken within 2 1 (twoone) months month from the date of issue application of such certificate Subject To subject to the terms of the Agreement and the Allottee Purchaser/s making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee Purchaser/s to the Promoter Vendor hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Purchaser/s shall be carried out by the promoter Vendor within 3 months 1 (one) month from the date of issue application of occupancy / completion certificate subject to the Allottee Purchaser/s making payment on account of stamp duty, registration fee etc., . Provided Further That further that the Promoter Vendor shall not be liable to deliver possession of the Apartment Schedule-B property to the Allottee Purchaser/s nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee Purchaser/s makes payment of all amounts agreed and required to be paid hereunder by the Allottee Purchaser/s and the Allottee Purchaser/s has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Purchaser/s to be observed and performed until then]. The Promoter Vendor agrees and undertakes to indemnify the Allottee Purchaser/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterVendor. The Allottee, after taking possession, Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter/ association Vendor / Association of allotteesPurchasers, from the date of registration and/or handover of the flat, whichever is earlier, as the case may be, after the issuance of the completion certificate for the project. The Promoter Vendor shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Purchaser/s at the time of conveyance of the same. 7.2.1 . It is clarified that the Promoter Vendor shall be deemed to have duly complied with all its obligations in case the Promoter Vendor issues notice of completion to the Allottee Purchaser/s on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement to Sell

Procedure for taking possession. (a) A certificate shall be issued by the Architect appointed by the Promoter for Project Sunshine Two with regard to the completion of construction of the Apartment. (b) On receipt of the certificate from the Architect as mentioned hereinabove and upon the Allottee/s making payment of the necessary amounts in conformity with the Payment Schedule (Schedule C) , provided the Allottee/s is/are not in default of any of the terms and conditions of this Agreement, the Promoter shall intimate the Allottee/s to come for inspection of the Apartment (“Inspection Notice”) within a period specified in the Inspection Notice. In case the Allottee/s fail/s to turn up for the inspection within the period stipulated in the Inspection Notice, the Apartment would be deemed to have been inspected and accepted by the Allottee/s. During the inspection, the Promoter shall make a list of snags as may be indicated by the Allottee/s and clear the snags within a time period informed to the Allottee/s at the time of inspection. The decision of the Promoter with regard to the clearance of the snags will be final. (c) The Promoter, upon obtaining of the occupancy certificate or completion certificate Completion Certificate in parts/lots from the Sanctioning Authority, shall serve upon the Allottee/s, a notice in writing to take over the possession of the Apartment (which may be partial“Possession Notice”) within the period stipulated in the said Possession Notice. (d) The Allottee/s shall participate towards registration of the Sale Deed in respect of the Apartment in the manner mentioned in Clause 10 hereof and take over the possession of the Apartment from the Promoter on any date within the period stipulated in the Possession Notice (“Possession Date”), whichever be applicablesubject to the payment of the Total Payable Amount in conformity with the Payment Schedule and the complete performance, observance and fulfillment of all the terms and conditions of this Agreement by the Allottee/s. (e) If the Allottee/s, for whatsoever reason, fail/s and/or neglect/s to participate towards registration of the Sale Deed of the Apartment and take over possession of the Apartment from the competent authority Promoter within the period stipulated in the Possession Notice, the Allottee/s shall offer be deemed to have taken possession upon expiry of the period specified in writing the Possession Notice for taking over possession of the Apartment (“Deemed Date of Possession”). For all purposes, such Deemed Date of Possession, irrespective of the actual date on which the Allottee/s take/s over the physical possession of the Apartment, will be construed as the Possession Date. It is clarified herein that the actual physical possession of the Apartment will be handed over to the Allottee in terms of this Agreement to be taken within 2 (two) months from Allottee/s only after the date of issue of such certificate Subject To the terms registration of the Agreement and the Allottee making payment Sale Deed of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Apartment in favour of the Allottee Allottee/s in the manner mentioned in Clause 10 hereof. (f) On and from the Possession Date or the Deemed Date of Possession, as may be applicable: (i) The Apartment shall be carried out by at the promoter within 3 months from sole risk and responsibility and cost of the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Allottee/s and the Promoter shall not have no liability or concern thereof; (ii) The Allottee/s shall become liable to pay the maintenance and other charges or any other outgoings in respect of the Apartment; (iii) All taxes, deposits and other levies/charges, utility payments imposed, demanded or required to be liable paid to the authorities concerned relating to the Apartment and the undivided interest in Project Sunshine Two Land shall be borne and paid by the Allottee/s; (iv) All other expenses necessary and incidental to the management and maintenance of the Project Sunshine Two as determined by the Promoter/Association as the case may be shall be borne by the Allottee/s; (g) In the event the Promoter is unable to deliver possession of the Apartment within the time frame mentioned in Clause 7.1(b), due to Force Majeure Event or due to default of the Allottee, the Promoter shall intimate the Allottee/s of the occurrence of the same and shall complete the Project Sunshine Two within such reasonable extended period as may be intimated to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time Allottee/s. (h) The Allottee/s understand/s and agree/s that the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the Promoter may develop a part of Project Sunshine Two and defer the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case development of failure of fulfillment of any some of the provisionsTowers within Project Sunshine Two, formalities, documentation on part without affecting the handover of Apartment to the Promoter. Allottee/s. (i) The Allottee, after taking possession, agree(s) to pay /s understand/s and agree/s that 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. The Promoter shall handover the copy possession of the occupancy certificate / completion certificate various apartments comprised in Project Sunshine Two or part thereof in parts/lots. The sequence of handover of possession of a particular part/lot of apartments/s in the Project Sunshine Two will be at the sole discretion of the apartment to the Allottee at the time of conveyance of the samePromoter. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Office unit, he will be permitted to do so only upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration charges payable on registration which shall be kept deposited with the Promoter without any interest. During this time the Allottee will not be entitled to use the Office unit till Occupation /Completion Certificate is received and Deed of Conveyance is executed. (ii) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the ApartmentOffice unit, to the Allottee in terms of this Agreement to be taken within 2 02 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided that, in the absence of local law, the conveyance deed Sub Lease Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee give and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part shall takepossession of the Allottee to be observed and performed until then]Office unit within 15 (fifteen) days of the written notice (Possession date). The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ thePromoter/association of allotteesAllottees, as the case may be, beafter three months from the date of possession date and/or deemed possession whichever is earlier. The Promoter on its behalf shall offer the possession to the Allottee in writing after the issuance of receiving the completion certificate for the project(notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate / completion certificate Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sub Lease Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the ApartmentUnit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein and in such notice the Promoter shall give possession of issue of such certificate the [Unit/Plot] to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing after receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority competentauthority shall offer in writing the possession of the Flat/Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee Developer shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Flat/Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterDeveloper. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter Developer on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within occupancy certificate* of the Project. days of receiving the Failure of Allottee to take Possession of Flat/Apartment: Upon receiving a written intimation from the Developer as per clause 7.2, the Allottee shall take possession of the Flat/Apartment from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Developer shall give possession of the Flat/Apartment to the allottee. In case the Allottee fails to take possession within the time of conveyance provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. After obtaining the occupancy certificate* and handing over physical possession of the same. 7.2.1 It is clarified that Flat/Apartment to the Promoter Allottees, it shall be deemed the responsibility of the Developer to have duly complied with all its obligations in case hand over the Promoter issues notice of completion necessary documents and plans, including common areas, to the Allottee on association of the Allottees or before the date mentioned in Clause 7.1 abovecompetent authority, as the case may be, as per the local laws.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate* from the competent authority competentauthority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be tobe taken within 2 3 (two) three months from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment the[Apartment/Plot] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment offulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay topay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesofallottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing within days of receiving the occupancy certificate* of the Project. Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from thePromoter as mentioned above, the Allottee shall take possession of the [Apartment/Plot] from the Promoter byexecuting necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, andthe Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possessionwithin the time of conveyance provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges asapplicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession ofthe [Apartment/Plot] to the Allottees, it shall be the responsibility of the same. 7.2.1 It Promoter to hand over the necessarydocuments and plans, including common areas, to the association of the Allottees or the competent authority, asthe case may be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project asprovided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter,the promoter herein is clarified that entitled to forfeit the Promoter booking amount paid for the allotment. Thebalance amount of moneypaid by the allottee shall be deemed to have duly complied with all its obligations in case returned by the Promoter issues notice of completion promoter to the Allottee on or before the date mentioned in Clause 7.1 aboveallottee within 45 days of such cancellation.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. (i) The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, certificate/Completion Certificate/Partial Completion Certificate from the competent authority Competent Authority shall offer in writing the possession of the Apartment, Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [(Provided thatthat , in the absence of local law, law the conveyance deed Conveyance Deed in favour favor of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate subject to Occupancy Certificate/Completion Certificate/Partial Completion Certificate as the Allottee making payment on account of stamp dutycase may be). However, registration fee etc.upon the Promoter giving a written notice, Provided Further That the Promoter shall not be liable to deliver give and the Allottee shall take possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part Apartment, within 15 (fifteen) days of the Allottee to be observed and performed until then]written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be, . The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the issuance occupancy certificate/ completion certificate /Partial Completion Certificate of the completion certificate for the projectBlock (notice of possession). The Promoter shall handover hand over the copy photocopy of the occupancy certificate Completion / completion certificate Partial Completion Certificate of the apartment Project to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that (ii) At the Promoter shall be deemed to have duly complied with all its obligations in case time of registration of conveyance or Lease of the Promoter issues notice structure of completion the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or before lease or any document or instrument of transfer in respect of the date mentioned structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in Clause 7.1 aboverespect of the said land to be executed in favour of the Apex Body or Federation.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterVendor-Cum-Developer, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “ NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Vendor-Cum-Developer (subject, however, to the Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour Vendor-Cum-Developer as per requisition of the Allottee shall be carried out by the promoter Vendor-Cum-Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Vendor-Cum-Developer agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterVendor-Cum-Developer. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Vendor-Cum-Developer/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Vendor-Cum-Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or certificate/completion certificate (which may be partial), whichever be applicable, from the competent authority and on receipt of the Total Price of the Apartment and the Total Extras and Deposits and other payables shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 two (two2) months from the date of issue of such occupancy certificate/completion certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein(Possession Date). [Provided thatThat, in the absence of local lawlaw and subject to the Allottee(s) complying with his/her/their obligations hereunder, the conveyance deed Conveyance Deed in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy / certificate/completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., . Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee Allottee(s) nor to execute or cause to be executed any Sale Conveyance Deed or other instruments until such time the Allottee makes Allottee(s) make(s) payment of all amounts as mentioned in 1.2.1, 1.2.2, 1.2.3 and 1.2.4 agreed and required to be paid hereunder by the Allottee Allottee(s) and the Allottee has Allottee(s) has/have fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee Allottee(s) to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottee(s), as the case may be, be after the issuance of the completion certificate Occupancy Certificate/Completion Certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / certificate/completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed to have duly complied with all its obligations in case hand over copy of the Promoter issues notice of occupancy certificate/completion certificate to the Allottee on or before Association after the date mentioned in Clause 7.1 aboveformation of the Association.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining of the occupancy certificate or certificate, the completion certificate (which certificate, as the case may be partial)be, whichever be applicablefor the Said Project, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee Allottee/s, in terms of this Agreement to be taken within 2 (two2(two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawoccupancy certificate, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteescertificate, as the case may be, after for the Said Project, hereinafter referred to as the “Possession Date”. Irrespective of whether the Allottee/s take/s possession of the Apartment within the Possession Date or not, the Allottee/s shall be deemed to have taken possession of the Apartment on the Possession Date. The Allottee/s shall pay the requisite Stamp Duty, Registration Fee & other charges, hereafter the “Registration Charges”, for registration of the Conveyance Deed of the Apartment, within 3(three) months from the date of issuance of the occupancy certificate, the completion certificate certificate, as the case may be, for the projectsaid Project. The Promoter Developer shall have to execute Deed of Conveyance/Sale and registered in favour of the Allottee/s, immediately after receipt of the Registration Charges. The Developer and the Allottee/s shall fully co- operate with other in this regard. The Allottee/s shall be bound to pay the Maintenance Charges as determined by the Developer or the Flat owners Association, as the case may be, on and from the Possession Date irrespective of whether it takes possession or not given possession for non-registration of the conveyance. The Developer shall handover the a copy of the occupancy certificate / certificate, the completion certificate of certificate, as the apartment case may be, for the said Project to the Allottee Allottee/s at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Designated Apartment, to the Allottee Allotee(s) in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To to the terms of the Agreement agreement and the Allottee Allotee making payment of the entire balance consideration total price and all other amounts and deposits payable by the Allottee Allotee to the Promoter promoter hereunder and fulfilling all his other covenants / obligations herein. [herein Provided that, in the absence of the local law, the conveyance deed in favour favor of the Allottee Allotee shall be carried out by the promoter Promoter within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee Allotee making payment on the account of stamp duty, registration fee fees, etc., Provided Further That the Promoter promoter shall be not be liable to deliver possession of the Apartment designated apartment to the Allottee Allotee nor to execute or cause to be executed any Sale Deed sale deed or any other instruments instrument(s) until such time the Allottee Allotee makes payment of all amounts agreed and required to be paid hereunder by the Allottee Allotee and the Allottee Allotee has fully performed all the terms and conditions and covenants of this Agreement agreement and on the part of the Allottee Allotee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allotee(s) in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The AllotteeAllotee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Association of allotteesAllotees, as the case may be, after the issuance of the completion certificate for the projectProject. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment Project Apartment, to the Allottee at Allotee on or after the time execution of conveyance of the same. 7.2.1 7.2.1. It is clarified that the Promoter shall be deemed to have duly complied with all its obligations obligation in case the Promoter issues notice of completion to the Allottee Allotee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Partnership Agreement

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the occupancy completion certificate or completion certificate (which the occupancy certificate, as the case may be partial), whichever be applicablebe, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to or the Allottee making payment on account of stamp dutyoccupancy certificate, registration fee etc., Provided Further That as the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within [●] ([●]) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (the actual date on which the Allottee takes possession of the Apartment, or, the [●]th ([●]) day from the date of such notice by the Promoter, whichever is earlier, shall hereinafter be referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter/Association, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the copy of also hand over the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance lease of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Samples: Lease Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter shall handover to the Association the copy of the occupancy certificate / completion certificate (if and as applicable) of the apartment to the Allottee at the time of conveyance of the sameBuilding. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit- outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such certificate notice Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter on its behalf shall handover offer the copy of possession to the Allottee after receiving the occupancy certificate / or completion certificate of the apartment to the Allottee at the time of conveyance of the samecertificate, whichever be applicable. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterDeveloper, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e- mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment said Notice of the entire balance consideration and all other amounts and deposits payable Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour favor of the Allottee shall be carried out executed and registered by the promoter Developer (subject, however, to the Allottee making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDeveloper. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate (or completion such other certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue of such certificate Subject To the terms receipt of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable said Notice Of Possession by the Allottee to Allottee. (the Promoter hereunder and fulfilling all his other covenants / obligations herein. [“POSSESSION DATE”) Provided that, in the absence of local law, that the conveyance deed of the Apartment in favour of the Allottee shall be carried out executed and registered by the promoter Promoter (subject, however, to the Allottee making all payments as mentioned in the FOURTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allottees, as the case may be, be after the issuance of the completion certificate for the projectPhase 1 of the Project. The Promoter shall handover the hand over a copy of the occupancy certificate / completion (or such other certificate by whatever name called issued by the competent authority) of the apartment Project/Apartment, as the case may be, to the Allottee at the time of conveyance of the sameApartment in favour of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, Developer upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentShop/Office Failure of Purchaser to take Possession of Shop / Office / Godown / Commercial Complex: Upon receiving a written intimation from the Developer, the Purchaser shall take possession of the Shop / Office / Godown / Back Office / Commercial / Semi - Commercial Complex from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Developer shall give possession of the Shop / Office / Godown / Back Office / Commercial / Semi - Commercial unit / premises in the Complex to the Purchaser. In case the Purchaser fails to take possession within the time provided, such Purchaser shall continue to be liable to pay maintenance charges as applicable. POSSESSION BY THE PURCHASER - After obtaining the occupancy certificate and handing over physical possession of the Shop / Office / Godown / Back Office / Commercial / Semi - Commercial Complex to the Purchasers, it shall be the responsibility of the Developer to hand over the necessary documents and plans, including common areas, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms association of the Agreement and Purchasers or the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteescompetent authority, as the case may be, after as per the issuance local laws. CANCELLATION BY PURCHASER – The Purchaser shall have the right to cancel / withdraw his allotment in the Project as provided in the Act: COMPENSATION – The Developer/ Vendors shall compensate the Purchaser in case of anyloss caused to him due to defective title of the completion certificate land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.compensation

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The PromoterDevelopers, upon obtaining the occupancy Completion Certificate/Part Completion Certificate (or such other certificate or completion certificate (which may be partial), whichever be applicable, by whatever name called issued by the competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottee shall be taken executed and registered by the Developers (subject, however, to the Allottee making all payments as mentioned in the Part –I of THIRD SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer) within 2 (two) three months from the date of issue of Completion certificate/Part Completion Certificate (or such other certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by whatever name called issued by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out competent authority) as provided by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Promoter Developers agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the PromoterDevelopers. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Developer/association of allotteesAllottee, as the case may be after the issuance of the Completion certificate/Part Completion Certificate. The Developers shall hand over a copy of the Completion certificate/Part Completion Certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the sameApartment in favor of the Allottee. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promotera) Subject to the terms of this Agreement, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority Vendor shall offer in writing to the Vendee to take possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 Unit. Within thirty (two30) months days from the date of issue of such certificate Subject To notice, the Vendor shall hand over the possession of the said Unit to the Vendee for his/ her/ their occupation and use in compliance with the provisions of Clause 8. Upon receiving an intimation in writing from the Vendor, the Vendee shall in any event not later than 30 days thereof, take possession of the said Unit from the Vendor by executing necessary indemnities, undertakings, and such other documentation as the Vendor/Developer may prescribe and the Vendor shall, after satisfactory execution of such documents and payment by the Vendee of all the amounts/dues as set out in this Agreement including the payment towards stamp duty and registration charges, permit the Vendee to occupy the Unit , on the terms and conditions contained in this Agreement. If the Vendee fails to take possession of the Agreement Unit as aforesaid within the time limit prescribed by the Vendor/Developer in its notice, then the said Unit shall lie at the risk, responsibility and cost of the Vendee in relation to all the damage within the Unit, outgoing cess, taxes, levies etc and the Allottee Vendor shall have no liability or concern thereof and further that the Vendor/Developer shall also be entitled to holding charges as provided under clause 9 and the Vendee shall also be liable to pay applicable maintenance & other Charges. Subject to the Vendee making payment all payments under this Agreement, the Vendor shall prepare and execute in favour and along with the Vendee a conveyance deed to convey the title of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed said Unit in favour of the Allottee shall be carried out Vendee but only after payment by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account Vendee of stamp duty, registration fee etc.charges, Provided Further That incidental expenses for registration, legal expenses for registration and all other dues as set forth in this Agreement or as demanded by the Promoter shall not be liable Vendor/Developer/Maintenance Agency from time to deliver possession time prior to the execution of the Apartment Conveyance Deed. The Parties agree that after the Vendee has provided all the details and documents as provided in the written notice as stated in this clause and/ or other documents required for the purpose of registration of the Conveyance Deed, the Vendor shall make all reasonable efforts to get the Conveyance Deed registered within a reasonable time. The Vendee agrees and undertakes to make himself/ herself/themselves available for the purpose of registration on the date(s) as informed by the Vendor. If the Vendee is in default of any of the payments as afore stated, then the Vendee authorises the Vendor and the Vendor shall be at liberty to withhold registration of the Conveyance Deed in favour of the Vendee till full and final settlement of all dues to the Allottee nor satisfaction of the Vendor is made and discharged by the Vendee. The Vendee undertakes to execute or cause to be executed any Sale Conveyance Deed or other instruments until such within the time the Allottee makes payment of all amounts agreed and required to be paid hereunder stipulated by the Allottee Vendor in its written notice failing which the Vendee authorises the Vendor to cancel the allotment and the Allottee has fully performed all the terminate this Agreement in terms conditions and covenants of Clause 15 of this Agreement and on the part to forfeit out of the Allottee amounts paid by him/her the Xxxxxxx Money, processing fee, brokerage paid/committed, interest on delayed payment , any interest paid, due or payable, any other amount of a non-refundable nature and to be observed and performed until then]. The Promoter agrees and undertakes to indemnify refund the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined balance amount deposited by the Promoter/ association of allottees, as Vendee without any interest in the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned manner prescribed in Clause 7.1 above15 herein below.

Appears in 1 contract

Samples: Unit Buyer's Agreement

Procedure for taking possession. 6.2.1 The Promoter, upon obtaining the occupancy certificate or completion certificate (which certificate, as the case may be partial), whichever be applicablebe, from the competent authority and upon receiving all payments from the Allottee as per this Agreement, shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement Agreement, such possession to be taken by the Allottee within 2 two (two2) months from the date of issue of such certificate Subject To the terms of occupancy certificate, as the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]case may be. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment fulfilment of any of the provisions, formalities, documentation on part of the Promoter. 6.2.2 The Allottee shall take possession of the Apartment within [●] ([●]) days of the written notice from the Promoter to the Allottee intimating that the said Apartment is ready for use and occupancy (hereinafter referred to as the “Possession Date”). The Allottee, after taking possession, agree(s) agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter/Association, as the case may be, be after the issuance of the completion certificate for the projectProject, in accordance with the provisions of this Agreement. The Promoter shall handover the also hand over a copy of the occupancy certificate / completion certificate of the apartment Apartment, if any, to the Allottee at the time of conveyance of the same. 7.2.1 6.2.3 It is further clarified that physical possession of the Apartment shall be withheld till all dues are cleared by the Allottee in respect of the Apartment, at the cost of the Allottee. 6.2.4 The Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoter shall be deemed fails to have duly complied with pay all its obligations in case or any of the outgoings collected by it from the Allottee or any liability, mortgage, loan and interest thereon before transferring the Apartment to the Allottee, the Promoter issues notice agrees to be liable, even after the transfer of completion the property, to pay such outgoings and penal charges, if any, to the Allottee on authority or before person to whom they are payable and be liable for the date mentioned in Clause 7.1 abovecost of any legal proceedings which may be taken therefor by such authority or person.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall vide offer letter (“Offer Letter”) offer in writing the possession of the ApartmentUnit, to the Allottee Allottee(s) in terms of this Agreement Agreement. Within 20 days of the date of offer of possession given to be taken the Allottee(s) by the Promoter, the Allottee(s) shall make payment of all dues, outstanding, interest, if any, maintenance security, upfront maintenance charges etc. to the Promoter and within 2 50 days from clearance of entire dues, outstanding charges, if any, the Allottee(s) shall take physical possession of the Unit and simultaneously get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed/sub lease deed registered before the Sub Registrar, Bhiwadi. After the expiry of 3 (twoThree) full calendar months from the date of issue of such completion certificate Subject To the terms i.e Deemed Date of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local lawPossession , the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession pay the maintenance charges as determined by the Promoter/Owners Association/ Maintenance Agency, as the case may be. The Promoter shall handover the copy of completion certificate of the Apartment Apartment/ Plot, as the case may be, to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such Allottee(s) at the time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part conveyance of the Allottee to be observed and performed until then]same. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterPromoter which the Promoter is liable to comply/carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/or on account of any default/delay on the part of the Allottee(s). The AllotteeAllottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, after taking possession1899, agree(s) to pay the maintenance charges as determined Rajasthan Xxxxx Xxx, 0000 and Xxxxxxxxxxxx Xxx, 0000 including any actions taken or deficiencies/penalties imposed by the Promoter/ association of allottees, as the case may be, after the issuance of the completion certificate for the projectcompetent authority. The Promoter shall handover not be responsible for any damage caused to the copy Unit on account of delay on the part of the occupancy certificate / completion certificate Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It same on “as is clarified that the where is basis”. The Promoter shall not be deemed held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to have duly complied with all its obligations in case the Promoter issues notice any of completion to the Allottee on or before the date mentioned in Clause 7.1 abovemachineries installed like electrical equipment, and transformer, etc.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, ) from the competent authority shall offer in writing the possession of the ApartmentApartment / Unit, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date period mentioned herein and in such notice and the Promoter shall give possession of issue of such certificate the Apartment / Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) 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. The Promoter on its behalf shall handover offer the copy of the occupancy certificate / completion certificate of the apartment possession to the Allottee at in writing after receiving the time of conveyance completion / occupancy certificate, as applicable, of the sameProject. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Apartment / Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Samples: Agreement for Sale

Procedure for taking possession. The Promoter, upon obtaining (i) Upon obtainment of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Occupancy Certificate from the competent authority shall offer in writing SRA / MCGM and upon payment by the possession Allottee/s of the Apartment, to requisite Instalments of the Allottee Sale Consideration and all other amounts due and payable in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided thatAgreement, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver offer possession of the Apartment said Premises to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoterwriting (“Possession Notice”). The Allottee, after taking possession, agree(s) /s agrees to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or the Society, as the case may be, after the issuance of the completion certificate for the project. The Promoter on its behalf shall handover offer the copy possession to the Allottee/s in writing within 7 days of receiving the Occupancy Certificate of the occupancy certificate / completion certificate Real Estate Project. (ii) The Allottee/s shall take possession of the apartment said Premises within 15 days from the date mentioned in the Possession Notice. (iii) Post receipt of the Possession Notice, the Allottee/s may undertake any fit out activities in the said Premises at his/her/its/their sole cost, expense and risk, after obtaining all the requisite approvals and permissions from the competent authorities and in accordance with the Fit-Out Guidelines (which shall be prepared by the Promoter which will be provided to the Allottee Allottee/s at the time of conveyance handing over possession of the samesaid Premises) and after depositing such amount as may be specified by the Promoter as an interest-free deposit to secure compliance with the Fit Out Guidelines and, which will be refunded without interest upon completion of the fit outs in accordance with the Fit-Out Guidelines. The Allottee/s is/are aware that the said refund shall be subject to deduction of amounts towards damages, if any, to the Real Estate Project and its common areas etc., and/or any neighbouring flats/premises in the Real Estate Project and/or the equipment’s installed therein and subject to the debris being completely removed from the Real Estate Project and / or the Whole Project. 7.2.1 (iv) Upon receiving the Possession Notice from the Promoter as per Clause 7(ii) above, the Allottee/s shall take possession of the said Premises from the Promoter by executing necessary indemnities, undertakings and such other documentation as may be prescribed by the Promoter, and the Promoter shall give possession of the said Premises to the Allottee/s. Irrespective of whether the Allottee/s takes or fails to take possession of the Premises within the time provided in Clause 7(ii) above, such Allottee/s shall continue to be liable to pay maintenance charges and all other charges with respect to the Premises, as applicable and as shall be decided by the Promoter. (v) Within 15 (fifteen) days of the date mentioned in the Possession Notice, the Allottee/s shall be liable to bear and pay his/her/its proportionate share i.e. in proportion to the carpet area of the said Premises, of outgoings in respect of the Real Estate Project and Free Sale Land including inter-alia, local taxes, betterment charges, other indirect taxes of every nature, or such other levies by the MCGM or other concerned local authority and/or Government, water charges, insurance, common lights, repairs and salaries of clerks, xxxx collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the Real Estate Project and/or the said Free Sale Land. Until the Society is formed and the Society Transfer Document is duly executed and registered, the Allottee/s shall pay to the Promoter such proportionate share of outgoings as may be determined by the Promoter at its sole discretion. The Allottee/s further agrees that till the Allottee's share is so determined by the Promoter at its sole discretion, the Allottee/s shall pay to the Promoter provisional monthly contribution of month towards the outgoings. The amounts so paid by the Allottee/s to the Promoter shall not carry any interest and shall remain with the Promoter until the Society Transfer Document is duly executed and registered. On execution of the Society Transfer Document, the aforesaid deposits less any deductions as provided for in this Agreement, shall be paid over by the Promoter to the Society. (vi) If within a period of 5 (five) years from the date of handing over the said Premises to the Allottee/s; the Allottee/s brings to the notice of the Promoter any structural defect in the said Premises or the said Tower or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects (at actuals) shall be rectified by the Promoter at its own cost and in case it is not possible to rectify such defects, then the Allottee/s shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the RERA. It is clarified that the Promoter shall not be deemed liable for any such defects if the same have been caused by reason of the willful default and/or negligence of the Allottee/s and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee/s and/or any other allottee/person in the Real Estate Project and/or the Xxxxxxxxx Project and/or the said Land. (vii) The Allottee/s shall use the said Premises or any part thereof or permit the same to have duly complied with all its obligations in case be used only for purpose of Residential. The Allottee/s shall use the Promoter issues notice said Car Parking Space only for purpose of completion to the Allottee on or before the date mentioned in Clause 7.1 aboveparking vehicle.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or / completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the ApartmentApartment (Possession Notice), to the Allottee Allottee(s) in terms of this Agreement to be taken within 2 3 (twothree) months from the date of issue of such occupancy certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations hereincompletion certificate (Possession Date). [Provided that, in the absence of local lawlaw and subject to the Allottee(s) complying with his / her / their obligations hereunder, the conveyance deed in favour of the Allottee Allottee(s) shall be carried out by the promoter Promoter within 3 (three) months from the date of issue of occupancy certificate / completion certificate subject to the Allottee Allottee(s) making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be .. observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter, not due to any act or omission on the part of the Allottee(s). The AllotteeAllottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association Promoter / Association of allotteesAllottee(s), as the case may be, be after the issuance of the completion Occupancy certificate / Completion certificate for the projectsaid Project. The Promoter shall handover the hand over copy of the occupancy certificate / completion certificate of the apartment Apartment to the Allottee Allottee(s) at the time of conveyance of the same. 7.2.1 It is clarified that the . The Promoter shall be deemed hand over copy of the occupancy certificate / completion certificate to have duly complied the Association after formation of the Association. The Land Owners herein shall jointly execute the sale deed in respect of the said apartment and undivided impartible variable proportionate share in the land in favour of the Allottee(s) simultaneously with all its obligations the delivery of the said apartment but in case any event, within 3 (three) month from the Promoter issues notice date of completion to of the Allottee on proposed buildings and/ or before from the date mentioned in Clause 7.1 aboveof obtaining Certificate and / or Occupancy Certificate from the concerned authorities.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. The Owner/Promoter, upon obtaining the occupancy certificate (or completion certificate (which may be partial), whichever be applicable, such other certificate by whatever name called issued by the competent authority) from the competent authority or from the Architect/Engineer of the Project shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION") offer in writing the possession of the Apartment, to the Allottee Allottees in terms of this Agreement by sending the notice of such offer by speed post/e- mail calling upon the Allottees to be taken take possession of the Apartment within 2 (two) months a maximum of forty five days from the date of issue receipt of such certificate Subject To the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be executed and registered by the Owner/Promoter (subject, however, to the Allottees making all payments as mentioned in the SCHEDULE “C” hereto and taking possession of the Apartment in terms of the Agreement Notice of Possession and the Allottee making payment of the entire balance consideration stamp duty, registration charges and all other amounts and deposits payable by the Allottee legal charges & expenses to the Owner/Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour as per requisition of the Allottee shall be carried out by the promoter Owner/Promoter) within 3 three months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute certificate (or cause to be executed any Sale Deed or such other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder certificate by whatever name called issued by the Allottee and competent authority) as provided by the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]relevant laws in West Bengal. The Owner/Promoter agrees and undertakes to indemnify the Allottee Allottees in case of failure of fulfillment fulfillment of any of the provisions, formalities, documentation on the part of the Owner/Promoter. The AllotteeAllottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Promoter/association of allotteesAllottees, as the case may be after the issuance of the occupancy certificate for the Said Project/ from the date of possession of the apartment by the Allottee, which ever is earlier. The Owner/Promoter shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee Allottees at the time of conveyance of the sameApartment in favour of the Allottees. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. (a) The Certificate issued by the Architect appointed by the Promoter for the Said Sub- Phase I Project with regard to the completion of construction of the Apartment. (b) On receipt of the Certificate from the Architect as mentioned hereinabove and upon the Allottee/s making payment of the necessary amounts in conformity with the Payment Schedule (Schedule C), provided the Allottee/s is/are not in default of any of the terms and conditions of this Agreement, the Promoter shall intimate the Allottee/s to come for the inspection of the Apartment (“Inspection Notice”) within a period specified in the Inspection Notice. In case the Allottee/s fail/s to turn up for the inspection within the period stipulated in the Inspection Notice, the Apartment would be deemed to have been inspected and accepted by the Allottee/s. During the inspection, the Promoter shall make a list of snags as may be indicated by the Allottee/s and clear the snags within a time period informed to the Allottee/s at the time of inspection. The decision of the Promoter with regard to the clearance of the snags will be final. (c) The Promoter, upon obtaining of the occupancy certificate or completion certificate (which may be partial), whichever be applicable, Completion Certificate in part/lots from the competent authority Sanctioning Authority, shall offer serve upon the Allottee/s, a notice in writing to take over the possession of the Apartment (“Possession Notice”) within the period stipulated in the said Possession Notice. (d) The Allottee/s shall participate towards registration of the Sale Deed in respect of the Apartment in the manner mentioned in Clause 11 hereof and take over the possession of the Apartment from the Promoter on any date within the period stipulated in the Possession Notice (“Possession Date”) subject to the payment of the Total Payable Amount in conformity with the Payment Schedule and the complete performance, observance and fulfillment of all the terms and conditions of this Agreement by the Allottee/s. (e) If the Allottee/s, for whatsoever reason, fail/s and/or neglect/s to participate towards registration of the Sale Deed of the Apartment and take over the possession of the Apartment from the Promoter within the period stipulated in the Possession Notice, the Allottee/s shall be deemed to have taken possession upon expiry of the period specified in the Possession Notice for taking over possession of the Apartment (“Deemed Date of Possession”). For all purposes, such Deemed Date of Possession, irrespective of the actual date on which the Allottee/s take/s over the physical possession of the Apartment, will be construed as the Possession Date. It is clarified herein that the actual physical possession of the Apartment will be handed over to the Allottee in terms of this Agreement to be taken within 2 (two) months from Allottee/s only after the date of issue of such certificate Subject To the terms registration of the Agreement and the Allottee making payment Sale Deed of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed Apartment in favour of the Allottee Allottee/s in the manner mentioned in Clause 11 hereof. (f) On and from the Possession Date or the Deemed Date of Possession, as may be applicable: I. The Apartment shall be carried out by at the promoter within 3 months from sole risk and responsibility and cost of the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That Allottee/s and the Promoter shall not have no liability or concern thereof. II. The Allottee/s shall become liable to pay the Maintenance and other Charges or any other outgoings in respect of the Apartment. III. All taxes, deposits and other levies/charges, utility payments imposed, demanded or required to be liable paid to the authorities concerned relating to the Apartment and the undivided interest in the Said Sub- Phase I Project Land shall be borne and paid by the Allottee/s. IV. All other expenses necessary and incidental to the management and maintenance of the Said Sub- Phase I Project as determined by the Promoter/Association of the Allottees as the case may be shall be borne by the Allottee/s. (g) In the event the Promoter is unable to deliver possession of the Apartment within the time frame mentioned in Clause 7.1(b) above due to reasons mentioned in Clause 7.1(c) above, the Promoter shall intimate the Allottee/s of the occurrence of the same and shall complete the Said Sub- Phase I Project within such reasonable extended period as may be intimated to the Allottee nor Allottee/s. (h) It will not be a pre-requisite or condition precedent for the Promoter to execute or cause complete the Common Areas and Common Utilities, Facilities & Amenities for issuance of Possession Notice in respect of the Apartment to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed Allottee/s. The Promoter shall, nonetheless, complete the same within the Possession Period stipulated in Clause 7.1(b). (i) The Allottee/s understand/s and required to be paid hereunder by agree/s that the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the Promoter may develop a part of the Allottee to be observed Said Sub- Phase I Project and performed until then]. The Promoter agrees and undertakes to indemnify defer the Allottee in case development of failure of fulfillment of any some of the provisions, formalities, documentation on part Towers within the Said Sub- Phase I Project without affecting the handover of Apartment to the Promoter. Allottee/s. (j) The Allottee, after taking possession, agree(s) to pay /s understand/s and agree/s that 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. The Promoter shall handover the copy possession of the occupancy certificate / completion certificate various apartments comprised in the Said Sub- Phase I Project or part thereof in parts/lots. The sequence of handover of possession of a particular part/lot of apartments/s in the Said Sub- Phase I Project will be at the sole discretion of the apartment to the Allottee at the time of conveyance of the samePromoter. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. a). The PromoterSELLER/DEVELOPER, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority and the payment made by the PURCHASER as per the agreement shall offer in writing the possession of the Apartment[FLAT], to the Allottee PURCHASER in terms of this Agreement to be taken within 2 (two) months one month from the date of issue of such certificate Subject To the terms of the Agreement notice and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee SELLER/DEVELOPER shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver give possession of the Apartment [FLAT] to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]PURCHASER. The Promoter SELLER/DEVELOPER agrees and undertakes to indemnify the Allottee PURCHASER in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the PromoterSELLER/DEVELOPER. The Allottee, after taking possession, PURCHASER agree(s) to pay the maintenance charges as determined by the Promoter/ SELLER/DEVELOPER or association of allotteesPURCHASER’S, as the case may be. The SELLER/DEVELOPER on its behalf shall offer the possession to the PURCHASER in writing within 7 days of receiving the occupancy certificate of the Project. b). Upon obtaining Occupancy Certificate the SELLER/DEVELOPER shall execute/get executed the Conveyance of the SAID FLAT along with undivided proportionate share of land at the cost of the PURCHASER(S) in the names of various the PURCHASER(S) applicable at the market rate prevailing thereon and exclusively to be decided by the SELLER/DEVELOPER only. c). The PURCHASER shall take possession of the SAID FLAT within 15 days of the written notice from the SELLER/DEVELOPER to the PURCHASER intimating that the SAID FLAT is ready for use and occupancy d). Failure of PURCHASER to take Possession of [FLAT] upon receiving a written intimation from the SELLER/DEVELOPER, the PURCHASER shall take possession of the [FLAT] from the SELLER/DEVELOPER by paying all amounts executing necessary indemnities, undertakings and such other documentation as specified in this Agreement, and the SELLER/DEVELOPER shall give possession of the [FLAT] to the PURCHASER. In case the PURCHASER fails to take possession within the time provided, such PURCHASER shall continue to be liable to pay maintenance charges as applicable including all Government rates, taxes, charges, interest on delay and all other outgoing and expenses of and incidental to the management and maintenance of the said Project and the building thereon. e). If within a period of five years from the date of handing over the SAID FLAT to the PURCHASER, the PURCHASER brings to the notice of the SELLER/DEVELOPER any structural defect in the SAID FLAT or the building in which the SAID FLAT are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the SELLER/DEVELOPER at their own cost and in case it is not possible to rectify such defects, then the PURCHASER shall be entitled to receive from the SELLER/DEVELOPER, compensation for such defect in the manner as provided under the Act. In case the PURCHASER carry out any work within the SAID FLAT after taking possession, resulting in cracks and dampness or any other defect within or to the adjoining flat/s, then in such an event the SELLER/DEVELOPER shall not be liable to rectify or pay compensation. But the SELLER/DEVELOPER may offer services to rectify such defects with nominal charges. Hairline cracks and dampness caused due to settlement, humidity, variations in temperature, electrical conduits, etc. cannot be considered as defective work. f). The PURCHASER shall use the SAID FLAT or any part thereof or permit the same to be used only for purpose of residence. He/she shall use the garage or parking space only for purpose of keeping or parking vehicle and not for storing any other goods. g). The PURCHASER along with other PURCHASER(S) of flats in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the SELLER/DEVELOPER may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the bye-laws of the proposed Society and duly fill in, sign and return to the SELLER/DEVELOPER within seven days of the same being forwarded by the SELLER/DEVELOPER to the PURCHASER, so as to enable the SELLER/DEVELOPER to register the common organization of PURCHASER. No objection shall be taken by the PURCHASER if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. h). Within 15 days after notice in writing is given by the issuance SELLER/DEVELOPER to the PURCHASER that the SAID FLAT is ready for use and occupancy, the PURCHASER shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the completion certificate for the project. The Promoter shall handover the copy flat) of outgoings in respect of the occupancy certificate / completion certificate project land and Building/namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, xxxx collectors, watchman’s, sweepers and all other expenses necessary and incidental to the management and maintenance of the apartment SAID PROPERTY and building/s. Until the association of PURCHASERS is formed and the maintenance of the said structure of the building/s or wings is transferred to it, the PURCHASER shall pay to the Allottee at the time SELLER/DEVELOPER such proportionate share of conveyance of the sameoutgoings as may be determined. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.

Appears in 1 contract

Samples: Construction Agreement

Procedure for taking possession. The Promoter, upon obtaining the occupancy certificate or completion certificate (if and as applicable and which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter Promoter within 3 months from the date of issue of occupancy / completion certificate Occupancy/Completion Certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) 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 (if and as applicable) for the project. The Promoter shall handover to the Association the copy of the occupancy certificate / completion certificate (if and as applicable) of the apartment to the Allottee at the time of conveyance of the sameBuilding. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for various utilities like electricity generator water lifts etc., as be determined by the Promoter.

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. (i) The Promoter, upon obtaining Unit shall be considered as ready for use and occupation on the occupancy date of application for grant of completion certificate or completion any other certificate (which may be partial), whichever be applicable, required for occupation from the competent authority authorities. (ii) The Promoter shall offer issue the Offer of Possession letter to the Allottee(s) requesting to make payments as per the Agreement and take possession within such date as mentioned in writing the Offer of Possession letter. The Allottee(s) shall before taking over the physical possession of the Apartmentsaid Unit, be required to clear all outstanding dues (including interest, costs and charges), keep deposited with the Promoter, amounts mentioned in Schedule C & E and also pay the applicable taxes to the Allottee Promoter, as mentioned herein. (iii) The Allottee(s) shall take possession of the Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in terms of this Agreement and the Promoter shall give possession of the Unit to the Allottee(s). (iv) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence from end of 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the Allottee(s) takes such possession or not. Such date shall be taken within 2 (two) months referred to as “CAM Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of Possession, the CAM charges on the Unit shall commence from the date of issue which the last installment of such certificate Subject To the consideration amount (excluding society, maintenance and equivalent charges) is payable as per the agreed terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]allotment plus 15 (fifteen) days. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, Allottee(s) agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesPromoter or Organisation, as the case may bebe until handover to the Apartment Owners Association. (v) The Allottee(s) agrees and undertakes that on receipt of possession, after if the issuance of Allottee(s) is desirous to carry out any interior fit out work, the completion certificate for same shall be carried out as per the projectprovisions as may be decided by the Promoter at the relevant time. The Promoter shall handover have the copy of the occupancy certificate / completion certificate of the apartment absolute discretion in deciding from case to the case basis as to whether any permission for Fit Out is to be given to a particular Allottee at the time of conveyance of the same. 7.2.1 It is clarified that and the Promoter shall be deemed solely entitled to have duly complied with all its obligations in case set down any rules / terms and conditions for governing such Fit Out. However no Fit Out shall be permissible without full payment of consideration having been made by the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.Allottee

Appears in 1 contract

Samples: Sale Agreement

Procedure for taking possession. 7.2.1 The Promoter, upon obtaining the completion certificate/occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority authority, shall offer in writing the possession of the Apartment, said Unit to the Allottee in terms of this Agreement to be taken within 2 45 (twoforty-five) months days from the date of issue of such certificate notice (“Liability Commencement Date/Possession Date”) and the Promoter shall give possession of the said Unit to the Allottee Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy / completion certificate subject Subject to the Allottee making payment on account of stamp duty, registration fee etc., Provided Further That the Promoter shall not be liable to deliver possession of the Apartment said Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed herein and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allotteesMaintenance Company / Promoter / Association, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall handover the copy of the occupancy certificate / completion certificate of the apartment to the Allottee at the time of conveyance of the same. 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion possession to the Allottee on or before the date mentioned in Clause 7.1 above. 7.2.2 It is further agreed that even prior to completion of the said Unit in the manner aforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be liable to pay the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. During such fit-out period, the Allottee shall be liable for payment of charges for such fit outs for various utilities like electricity, generator, water, lifts etc., as be determined by the Promoter.

Appears in 1 contract

Samples: Sale Agreement

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