REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby represents and warrants to the Promoter/Owner as follows:- 1. THAT the Allottee shall have no right, title or interest of any nature whatsoeveron the land and on the construction by virtue of this agreement, such right will accrue only upon payment of totalconsideration including other charges and after registration of the said flat and car park space. 2. THAT the Allottee shall have no right to claim any partition and or separation of the land where on the building is erected as well as the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land shall always remain undivided, indivisible and proportionate in terms of this agreement. 3. THAT the Third Party has hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption in respect of sale of any other flats or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the land. 4. THAT the Allottee and other owners/occupiers of the said building shall from a society, association or company for maintaining the said building and the common areas of the said building and to be a member of Apartment owners’ Association, society or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately the necessary taxes revenue and maintenance charges of the said building and common parts thereof and shall observe and perform all rules and buy-laws of such association or society. 5. THAT the Developer M/S Balaji shall, by itself or through its nominated agency, maintain the common areas and facilities of the complex for a period of one year from the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year maintenance of the common areas the onus/responsibility of maintenance shall be handed over by the Developer to the Apartment Owners Association formed by the flat owners of the complex which shall thereafter be responsible for maintenance of the common areas and facilities of the complex. In the event of such body as aforesaid, not having been constituted by then, the responsibility of common area maintenance shall be handed over by the Developer to an interim body to be formed from amongst the resident flat owners or to a group of flat owners who would take over the possession and control of the common areas and facilities on behalf of themselves and also on behalf of ether Allottee of flats. Even if the said interim body is also not formed, then the Developer reserves the right to terminate his maintenance service. 6. THAT the Deed of Conveyance of the flat shall be executed and registered in favour of the Allottee subject to clearance of the entire consideration along with other dues, charges and deposit etc. receivable by M/S Balaji and the possession of the flat/unit will be given to the Allottee only upon payment of all the amount due and fulfillment of all the terms and conditions in this agreement. The Allottee shall be given prior intimation of the date of registration and possession. The Deed of Conveyance will be drafted by M/S. Balaji in such form and containing such particulars as may be required. No request for changes, whatsoever in any of the conveyance deed will be entertained, the Allottee shall accept all such documents without any demur. The Allottee shall be wholly and exclusively required to pay stamp duty, registration charges, taxes and other cess or charges as may be levied by the Government from time to time for Registration of Deed of Transfer of immovable property. The Allottee shall pay M/S Paradise Land &Housing Co. the documentation charges as given in the schedule hereunder written and until possession and registration of the said unit be delivered to the Allottee, the developer/owner shall exclusively be entitled to use and possess the said unit and/or the premises and the building and every part thereof and after receiving possession in respect of the said flat the Allottee shall not be entitled to raise any question about the quality of materials and construction works and workmanship and any liability arise thereafter. 7. THAT after registration of the conveyance deed the Allottee shall have to apply for mutation of the said flat in his name to Kolkata Municipal Corporation and till the said flat is not separately assessed the Allottee shall have to deposit municipal taxes proportionately in respect of the said flat and car park space to the Developer. The Allottee shall have to apply to the authority, individually for electricity meter in his flat. The Allottee shall have to pay the applicable security deposit and other charges for the same to the authority. 8. THAT the Allottee agrees that no transfer alienation of interest of any nature will be permitted however upon full and final payment of dues, charges and upon payment of a transfer fee of 2% of the total price of the flat and parking space nomination/transfer of flat and car park space will be permitted. 9. THAT in addition to the said consideration mentioned hereinbefore the Allottee shall also pay to the Developer :- a) Proportionate increase in consideration for the construction due to imposition of any Government Taxes, Levies and/or obstruction by the Allottee in delivery of possession of the said flat/unit. b) Charges for providing any work in or relating to the said flat at the request of the Allottee and for providing any necessary facility or utility in the said flat, common portion and/or premises in excess of those which has already been done, provided that if the work of provision be for the Allottee in common with some or all the other co-owners, the Allottee and such co-owner shall share the charges therefore proportionately and the Allottee shall be liable to pay proportionate share of said charges and all betterment fees and if any other taxes and levies charges or to be charged by the Government or KMC relating to the building or any part thereof proportionately and the said flat wholly. 10. THAT save and except the said particular residential flat of the said building do hereby agreed to acquire by the Allottee, the Allottee shall have no claim or right of any nature or kind over or in respect of all open spaces, basements, parking places, in lobbies, staircases, terraces, roof, outside walls and other portion of the premises constructed except the right of use in common of all the common portions of the premises and the building with all other flats owners. 11. THAT the Allottee do hereby declare, confirm and assure the developer/owners that :- a) If it is found that the developer, for any reason, obtained partial completion of the entire project and handed over that partially completed project to the Allottee, then at the time to completing the construction of incomplete portion some constructional hazard will arise and the Allottee agree to cooperate with the developer for peaceful execution and completion of the construction and other works of the complex in all respect. b) Allottee shall not do any act, deed or thing whereby the Developer shall be prevented from construction and completion of the incomplete portion of the building and shall not to cause any interference or hindrance in the construction of the said building. c) Allottee shall not do any deed or things whereby the Developer may be prevented from selling, assigning and/or disposing of any portion of the said building. d) The developer shall not be prevented from making any additional construction and not-withstanding any temporary disruption in Allottee’s enjoyment of the said flat with or without car-park. e) Allottee shall have no objection, claim or demand in any manner or raise in future, if any car parking space be converted into the use of commercial and/or residential use and enjoyment and vice versa and be sold to any other person or persons, other than flat owners, in the form or nature of car parking space, two xxxxxxx space, commercial space or residential purposes by the developer and/or the car parking space/spaces be covered by walls to use the said spaces for any other purposes provided however the said act of use shall not cause any blockage of the common areas, common passages of the building and shall not use the said spaces in such manner or commit any such act as to cause nuisance or annoyances to the other flat owners. f) Allottee shall allow the developer with or without workmen to enter into and to use entrances, lobbies, staircases, lifts, stair-lobbies, electricity, pump rooms, machine rooms, water tank, water reservoir, generator room whatsoever comprised in and required for constructional purposes and shall pay the expenses and charges incurred for his use.
Appears in 4 contracts
Samples: Sale Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby represents and warrants to the Promoter/Owner as follows:-
1. THAT the Allottee shall have no right, title or interest of any nature whatsoeveron whatsoever on the land and on the construction by virtue of this agreement, such right will accrue only upon payment of totalconsideration including other charges and after registration of the said flat and car park space.
2. THAT the Allottee shall have no right to claim any partition and or separation of the land where on the building is erected as well as the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land shall always remain undivided, indivisible and proportionate in terms of this agreement.
3. THAT the Third Party has hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption in respect of sale of any other flats or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the land.
4. THAT the Allottee and other owners/occupiers of the said building shall from a society, association or company for maintaining the said building and the common areas of the said building and to be a member of Apartment owners’ Association, society or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately the necessary taxes revenue and maintenance charges of the said building and common parts thereof and shall observe and perform all rules and buy-laws of such association or society.
5. THAT the Developer M/S Balaji shall, by itself or through its nominated agency, maintain the common areas and facilities of the complex for a period of one year from the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year maintenance of the common areas the onus/responsibility of maintenance shall be handed over by the Developer to the Apartment Owners Association formed by the flat owners of the complex which shall thereafter be responsible for maintenance of the common areas and facilities of the complex. In the event of such body as aforesaid, not having been constituted by then, the responsibility of common area maintenance shall be handed over by the Developer to an interim body to be formed from amongst the resident flat owners or to a group of flat owners who would take over the possession and control of the common areas and facilities on behalf of themselves and also on behalf of ether Allottee of flats. Even if the said interim body is also not formed, then the Developer reserves the right to terminate his maintenance service.
6. THAT the Deed of Conveyance of the flat shall be executed and registered in favour of the Allottee subject to clearance of the entire consideration along with other dues, charges and deposit etc. receivable by M/S Balaji and the possession of the flat/unit will be given to the Allottee only upon payment of all the amount due and fulfillment of all the terms and conditions in this agreement. The Allottee shall be given prior intimation of the date of registration and possession. The Deed of Conveyance will be drafted by M/S. Balaji in such form and containing such particulars as may be required. No request for changes, whatsoever in any of the conveyance deed will be entertained, the Allottee shall accept all such documents without any demur. The Allottee shall be wholly and exclusively required to pay stamp duty, registration charges, taxes and other cess or charges as may be levied by the Government from time to time for Registration of Deed of Transfer of immovable property. The Allottee shall pay M/S Paradise Land &Housing Co. the documentation charges as given in the schedule hereunder written and until possession and registration of the said unit be delivered to the Allottee, the developer/owner shall exclusively be entitled to use and possess the said unit and/or the premises and the building and every part thereof and after receiving possession in respect of the said flat the Allottee shall not be entitled to raise any question about the quality of materials and construction works and workmanship and any liability arise thereafter.
7. THAT after registration of the conveyance deed the Allottee shall have to apply for mutation of the said flat in his name to Kolkata Municipal Corporation and till the said flat is not separately assessed the Allottee shall have to deposit municipal taxes proportionately in respect of the said flat and car park space to the Developer. The Allottee shall have to apply to the authority, individually for electricity meter in his flat. The Allottee shall have to pay the applicable security deposit and other charges for the same to the authority.
8. THAT the Allottee agrees that no transfer alienation of interest of any nature will be permitted however upon full and final payment of dues, charges and upon payment of a transfer fee of 2% of the total price of the flat and parking space nomination/transfer of flat and car park space will be permitted.
9. THAT in addition to the said consideration mentioned hereinbefore the Allottee shall also pay to the Developer :-
a) Proportionate increase in consideration for the construction due to imposition of any Government Taxes, Levies and/or obstruction by the Allottee in delivery of possession of the said flat/unit.
b) Charges for providing any work in or relating to the said flat at the request of the Allottee and for providing any necessary facility or utility in the said flat, common portion and/or premises in excess of those which has already been done, provided that if the work of provision be for the Allottee in common with some or all the other co-owners, the Allottee and such co-owner shall share the charges therefore proportionately and the Allottee shall be liable to pay proportionate share of said charges and all betterment fees and if any other taxes and levies charges or to be charged by the Government or KMC relating to the building or any part thereof proportionately and the said flat wholly.
10. THAT save and except the said particular residential flat of the said building do hereby agreed to acquire by the Allottee, the Allottee shall have no claim or right of any nature or kind over or in respect of all open spaces, basements, parking places, in lobbies, staircases, terraces, roof, outside walls and other portion of the premises constructed except the right of use in common of all the common portions of the premises and the building with all other flats owners.
11. THAT the Allottee do hereby declare, confirm and assure the developer/owners that :-
a) If it is found that the developer, for any reason, obtained partial completion of the entire project and handed over that partially completed project to the Allottee, then at the time to completing the construction of incomplete portion some constructional hazard will arise and the Allottee agree to cooperate with the developer for peaceful execution and completion of the construction and other works of the complex in all respect.
b) Allottee shall not do any act, deed or thing whereby the Developer shall be prevented from construction and completion of the incomplete portion of the building and shall not to cause any interference or hindrance in the construction of the said building.
c) Allottee shall not do any deed or things whereby the Developer may be prevented from selling, assigning and/or disposing of any portion of the said building.
d) The developer shall not be prevented from making any additional construction and not-withstanding any temporary disruption in Allottee’s enjoyment of the said flat with or without car-park.
e) Allottee shall have no objection, claim or demand in any manner or raise in future, if any car parking space be converted into the use of commercial and/or residential use and enjoyment and vice versa and be sold to any other person or persons, other than flat owners, in the form or nature of car parking space, two xxxxxxx space, commercial space or residential purposes by the developer and/or the car parking space/spaces be covered by walls to use the said spaces for any other purposes provided however the said act of use shall not cause any blockage of the common areas, common passages of the building and shall not use the said spaces in such manner or commit any such act as to cause nuisance or annoyances to the other flat owners.
f) Allottee shall allow the developer with or without workmen to enter into and to use entrances, lobbies, staircases, lifts, stair-lobbies, electricity, pump rooms, machine rooms, water tank, water reservoir, generator room whatsoever comprised in and required for constructional purposes and shall pay the expenses and charges incurred for his use.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. (i) The Allottee shall be liable to pay the total price of the plot and other charges as per the payment plan opted by him. The Allotte, hereby represents agree that he/she shall not claim the possession of the Plot , if any of the instalments, payment, interest, transfer fee or other charges are due and warrants that the Allotte further agree to accept the possession of the said Plot only after clearing all the dues towards the said Plot .The Allottee shall be entitled to own, occupy and use the plot in accordance with the local laws. He/she shall not nor cause to be done any act which may cause obstruction for use of the plot/property by their neighbours or other residents of the township.
(ii) The allottee agrees that all charges payable to various departments for obtaining service connections to the said plot like electricity, telephone, water, sewer etc for the dwelling unit constructed by the Allottee, including security deposits for sanction and release of such connection as well as informal charges pertaining thereto will be payable by the Allottee in addition to the Amount paid by the Allottee of the said plot, and the other/additionl charges directly to the concerned authority and obtained necessary connection. The concerned authority could be The Promoter or nay agency appointed by the The Promoter/Owner maintenance society of the township and the allottee shall pay the deposit and the monthly charges for the various connections referred to above, as follows:-may be fixed by the said authority from time to time.
1(iii) That it is agreed between the parties that if any outside services (External and/or peripheral) are provided by any Government or local authority for any bigger zone and any charge is levied thereof and/or any other charges levied in any respect to the "Residential Township", the same shall be payable in addition to the Amounts of the Said Plot and shall be paid pro-rata of the area of plot by the Allottee. THAT Any such charge in the nature of External Development Charges (EDC) or extra amenities/safety measures with respect to the "Residential Township" shall be charged to and payable by the Allottee. In the event there is any increase in EDC for which the demand is raised by the local government or any statutory authority directly on the Promoter over and above the Amounts collected from the Allottee, the same shall be payable the Promoter by the Allottee when such demand is received by the Promoter and notice for which will be sent to the Allottee. The Allottee undertakes to make payment of such charges which shall be calculated on pro-rata basis on demand.
(iv) That it is agreed between the Parties that all charges, levies, taxes, fees, cess etc of any type charged, levied or imposed, by Central/State Government or Local Authorities, in future or retrospectively, on the development of the "Residential Township" shall be payable by the Allottee in proportion to the size of the Said Plot and the Allotee shall be responsible to pay the same in the manner as and when demanded by the Promoter.
(v) That the Allottee, as such or by virtue of this Allotment Letter, will have no right, title or interest of in any nature whatsoeveron land/building/common area or any part thereof outside the land and on Said Plot and/or in an facilities, amenities, services including the construction club house, nursing home / hospital, gardens etc. as may be provided in the "Residential Township".
(vi) That no further intimation/call/notice regarding payments will be sent by virtue of this agreement, such right will accrue only upon the Promoter except for the payment of totalconsideration including other charges and after registration it will be the responsibility of the Allottee to adhere strictly to the Schedule of payment, as given in Schedule B.
(vii) The Allottee may on submitting all the original documents and receipts issued by the Promoter request cancellation of the plot booked by him which will be subject to the absolute discretion of the Promoter. If such cancellation is accepted by The Promoter, it shall be entitled to forfeit the xxxxxxx money. The Promoter shall be liable to refund the balance amount, if any, without interest only on re-sale of the said flat plot to the new buyer and car park spaceon receipt of equivalent amount from such re- allotment and on receipt of all the original documents and receipts issued by the Promoter to the Allottee against the said plot are returned back to the Promoter by the Allottee.
2(viii) The Allottee has seen and accepted the plans and has applied for the provisional allotment of the plot with a specific knowledge that the building plans, designs, measurements, dimensions, location and number of the plot and all other terms and conditions are liable to change, alteration, modification, revision, addition, deletion, substitution or recast at the sole discretion of the Promoter and may also change due to changes/modifications by the competent authorities.
(ix) That the dimensions/ sizes / area of the Said Plot are subject to variations within reasonable limits and may vary up to + 10% of the sizes as stated above, at the time of physical layout.
(x) That in case of any alteration / modification resulting in change in the size/area of the Said Plot any time prior to and upon the grant of possession of the plot, the Promoter shall intimate to the Allottee, in writing, the change thereof and the resultant change, if any, in the price of the Said plot shall be paid by the Allottee or to be refunded as the case may be. THAT For the sake of removal of doubts & clarity, it is stated that the increase or decrease shall be at the original rate at which the Said Plot was booked. The Allottee further understands that in all such cases no other form of damages/compensation/ interest or otherwise whatsoever can be claimed by the Allottee from the Promoter.
(xi) That in case the Said Plot is omitted due to reasons beyond the control of the Promoter, the Promoter shall offer an alternate Plot of the same type, if available, and in the event of non-acceptability by the Allottee or non-availability of alternate Plot, the Promoter shall be responsible to refund the actual amount received from the Allottee till then with the understanding that no other form of damages/compensation or otherwise whatsoever to the Allottee shall have be payable.
(xii) That the Allottee agrees that, if as a result of any legislation, order or rule or regulation made or issued by the Govt. or any other authority or if any matters, issues relating to any approvals, permissions, notice, notifications by the Competent Authority become subject matter of any litigation or due to any force majeure conditions, the Promoter, is unable to deliver the Said Plot to the Allottee, the Allottee agrees that the Promoter, if they decide, in their sole discretion, to refund the amount then they shall be liable only to refund the total Amount received by them from the Allottee without any interest and no right other compensation shall be payable.
(xiii) That the Allottee shall carry on construction as per the approval plans duly approved by the competent authority at that time and shall not deviate from such approved plans. The allottee shall ensure that the construction activity is carried out as per the rules laid down by the Promoter without causing any damage to claim any partition and adjacent plot or separation construction, or roads, footpath, green areas etc. It will be the sole responsibility of the land where Allottee to ensure the quality standards of the construction, get all building approvals and abide by the laws as laid down by the Government/Panchayat/Muncipal Corporation/Muncipal Committee/any competent authority, who may be authorised, from time to time. The Allottee shall indemnify and keep indemnified the Promoter against any damages or claims resulting due to any action or inaction on the building is erected as well as the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land shall always remain undivided, indivisible and proportionate in terms of this agreement.
3. THAT the Third Party has hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption in respect of sale of any other flats or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the landa Allottee with respect to the said plot. The Allottee further agrees that he shall not display any name, address, signboard, advertisement material on the external facade of the boundary f the township or on the external facade of the structure constructed on the said Plot. It is clarified that the name of the owner shall only be displayed as per the signage guidelines provided the Promoter.
4(xiv) The Promoter shall earmark the entry gate of the plot to coordinate it with the underground sewerage manhole. THAT The Allottee shall maintain the entry gate and connect the sewerage outlet of the house constructed on the plot in the sewerage manhole provided in front of his entry gate or inside his flat. Under no circumstances the Allottee shall dig the road or footpath to connect with the main sewerage line or for any other purposes. In the event the Allottee wants to shift his gate, then in that event, he will 'have to align sewerage outlet of his house with the manhole provided in front of his plot or in his flat and connect it in a manner, so that the road or footpath in not dug.
(xv) That the Allottee hereby agrees to enter into a separate maintenance agreement and construction guidelines with any association / agency or other body(ies) or an outside agency (hereinafter referred to as the 'Maintenance Agency') as may be appointed / nominated by the Promoter from time to time for running and maintaining the various common services or facilities including the upkeep, repairs, security and maintenance etc. of the Said Township and its common areas, infrastructure and services/amenities therein and the Allottee shall pay the maintenance charges as per bills raised by the Maintenance Agency, as & when and in the manner demanded by the Maintenance Agency, from the date of offer of possession, irrespective the maintenance bills and other owners/occupiers charges raised by the maintenance agency / Society formed by the plot holders, the Allottee shall deposit, as per the Schedule of Payment and to always keep deposited with the Promoter or the Maintenance Agency as interest free Maintenance Security deposit (IFMS) as mentioned in the Schedule of Payment annexed to this Allotment Letter. In case of failure of the said building Allottee to pay the maintenance bills and/or other such charges on or before the due date, the Allottee in addition to permitting the Promoter / Maintenance Agency to deny him/it the maintenance services, also authorizes the Promoter / Maintenance Agency / Society to adjust such arrears/dues against the IFMS deposited by the Allottee with the Promoter / Maintenance Agency / Society. Further if Allottee fails to pay arrears of 3 (three) months' maintenance charges, the Promoter / Maintenance Agency / Society shall from a societyalso have the right to stop providing services to the Allottee including disconnection of water connection and electricity connection, association after giving 7 days notice for payment or company for maintaining arrears. This arrangement shall continue till the said building and the common areas maintenance of the said building and "Residential Township" is handed over to be a member of Apartment owners’ Association, the Municipal Authorities/Panchayat or the association / society or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately the necessary taxes revenue and maintenance charges of the said building Allottees / occupants and common parts thereof abide with their terms and shall observe conditions and perform all rules and buybye-laws of such association or society/ society as may be decided by them. If any Maintenance Society if formed to takeover the maintenance of the township, they will have full rights to frame their own byelaws, fix the maintenance charges and govern the working of the society as per their byelaws, which will be acceptable to the Allottee.
5. THAT (xvi) That further, the Developer M/S Balaji shall, Maintenance Agency reserves the right to increase maintenance charges / IFMS from time to time in keeping with the increase in the cost of maintenance of services and the Allottee agrees to pay such increase as and when demanded by itself the Promoter or through its nominated agency, maintain till the common areas and facilities of the complex for a period of one year from the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year said maintenance of the common areas the onus/responsibility of maintenance shall be handed "Residential Township" is taken over by the Developer association / society of Allottees / occupants or by any agency appointed for the purpose.
(xvii) That the Allottee shall pay property tax and all other statutory taxes and levies, as may be applicable, directly to the Apartment Owners Association formed by Municipal Corporation / Municipal Committee / Panchayat / any other statutory body and shall ensure that no such liability falls upon the flat owners of the complex which shall thereafter be responsible for maintenance of the common areas and facilities of the complex. In the event company, in case any of such body as aforesaid, not having been constituted by thenliability falls upon the Promoter, the responsibility of common area Promoter or the maintenance agency on Promoter’s behalf shall be handed over by the Developer to an interim body to be formed from amongst the resident flat owners or to a group of flat owners who would take over the possession and control of the common areas and facilities on behalf of themselves and also on behalf of ether Allottee of flats. Even if the said interim body is also not formed, then the Developer reserves have the right to terminate his maintenance service.
6. THAT collect the Deed of Conveyance of the flat shall be executed and registered in favour of same from the Allottee subject to clearance of the entire consideration along with other dues, charges and deposit etc. receivable by M/S Balaji and the possession of the flat/unit will be given to the Allottee only upon payment of all the amount due and fulfillment of all the terms and conditions in this agreement. The Allottee shall be given prior intimation of the date of registration and possession. The Deed of Conveyance will be drafted by M/S. Balaji in such form and containing such particulars as may be required. No request for changes, whatsoever in any of the conveyance deed will be entertained, the Allottee shall accept all such documents without any demur. The Allottee shall be wholly and exclusively required to pay stamp duty, registration charges, taxes and other cess or charges as may be levied by the Government from time to time for Registration of Deed of Transfer of immovable property. The Allottee shall pay M/S Paradise Land &Housing Co. the documentation charges as given in the schedule hereunder written and until possession and registration of the said unit be delivered to the Allottee, the developer/owner shall exclusively be entitled to use and possess the said unit and/or the premises and the building and every part thereof and after receiving possession in respect of the said flat the Allottee shall not be entitled to raise any question about the quality of materials and construction works and workmanship and any liability arise thereafter.
7. THAT after registration of the conveyance deed the Allottee shall have to apply for mutation of the said flat in his name to Kolkata Municipal Corporation and till the said flat is not separately assessed the Allottee shall have to deposit municipal taxes proportionately in respect of the said flat and car park space to the Developer. The Allottee shall have to apply to the authority, individually for electricity meter in his flat. The Allottee shall have to pay the applicable security deposit and other charges for the same to the authority.
8. THAT the Allottee agrees that no transfer alienation of interest of any nature will be permitted however upon full and final payment of dues, charges and upon payment of a transfer fee of 2% of the total price of the flat and parking space nomination/transfer of flat and car park space will be permitted.
9. THAT in addition to the said consideration mentioned hereinbefore the Allottee shall also pay to the Developer :-
a) Proportionate increase in consideration for the construction due to imposition of any Government Taxes, Levies and/or obstruction by the Allottee in delivery of possession of the said flat/unit.
b) Charges for providing any work in or relating to the said flat at the request of the Allottee and for providing any necessary facility or utility in the said flat, common portion and/or premises in excess of those which has already been done, provided that if the work of provision be for the Allottee in common with some or all the other co-owners, the Allottee and such co-owner shall share the charges therefore proportionately and the Allottee shall be liable to pay proportionate share pay/ reimburse the same to the the entity demanding the same..
(xviii) The Allottee shall maintain the Said Plot at its own costs, so as to keep the Said Plot in good state and condition from the date of said charges taking possession or deemed possession. of the same and all betterment fees and if any other taxes and levies charges not do or suffer to be done anything, in or to be charged by the Government or KMC relating to the building neighbouring areas or any part thereof proportionately and of the said flat whollySaid Land in which the Said Plot is situated which is against the rules, regulations or bye/laws of the concerned local authority and/or society.
10. THAT save (xix) The Allottee shall not cove any adjacent area, not at any time make or cause to be made, any additions or alternations of whatsoever nature in or to the Said Plot or any part thereof, and except shall kept the said particular residential flat sewers, drains and pipes in good conditions.
(xx) The Allottee shall not sink, drill, install and/or commission any well/bore well/tube well within the Said Plot or anywhere outside the area of the said building do hereby agreed Said Plot allotted to acquire by the Allotteehim/it. In case of shortage in supply or water, the Allottee shall have no claim or right apply for permission in this regard, to the competent authority and shall undertake the drilling of any nature or kind over or in respect of all open spaces, basements, parking places, in lobbies, staircases, terraces, roof, outside walls and other portion of the premises constructed except the right of use in common of all the common portions of the premises and the building with all other flats ownerstubewells only after obtaining necessary permission.
11. THAT the Allottee do hereby declare, confirm and assure the developer/owners that :-
a(xxi) If it is found that the developer, for any reason, obtained partial completion of the entire project and handed over that partially completed project to the Allottee, then at the time to completing the construction of incomplete portion some constructional hazard will arise and the Allottee agree to cooperate with the developer for peaceful execution and completion of the construction and other works of the complex in all respect.
b) The Allottee shall not do throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown in any act, deed or thing whereby the Developer shall be prevented from construction and completion part of the incomplete portion of the building and shall not to cause any interference "Residential Township" or hindrance in the construction of the said building.
c) Allottee shall not do any deed or things whereby the Developer may be prevented from selling, assigning and/or disposing of any portion of the said buildingSaid Land.
d(xxii) The developer Allottee shall always use the Plot for constructing his residence only and will not use the dwelling unit constructed by him for any commercial activity for will not carry out any commercial activity and shall not be prevented from making store any additional construction goods of hazardous or combustible nature or which can cause damage to the structure or the neighbouring buildings.
(xxiii) The Allottee shall permit the Promoter, on prior intimation, and not-withstanding any temporary disruption in Allottee’s enjoyment of the said flat their servants and agents, whether with or without car-park.
e) Allottee shall have no objectionworkmen, claim or demand in any manner or raise in futureat all reasonable times, if any car parking space be converted into the use of commercial and/or residential use and enjoyment and vice versa and be sold to any other person or persons, other than flat owners, in the form or nature of car parking space, two xxxxxxx space, commercial space or residential purposes by the developer and/or the car parking space/spaces be covered by walls to use the said spaces for any other purposes provided however the said act of use shall not cause any blockage of the common areas, common passages of the building and shall not use the said spaces in such manner or commit any such act as to cause nuisance or annoyances to the other flat owners.
f) Allottee shall allow the developer with or without workmen to enter into and upon the Said Plot or any part thereof, to use entrancesview an examine the state and condition thereof.
(xxiv) The Allottee agrees not to sell, lobbiestransfer, staircaseslet, liftssub-let, stair-lobbiesassign or otherwise part with the possession of the Said Plot or the interest/benefit under this Allotment Letter, electricity, pump rooms, machine rooms, water tank, water reservoir, generator room whatsoever comprised unless all the dues payable to the Promoter under this Allotment Letter and otherwise in respect of the Said Plot are fully paid.
(xxv) The Allottee further agrees to abide by all the terms & the conditions of the application for allotment and required this Allotment Letter and the applicable laws and to indemnify for constructional purposes any such act that results in loss owing to any contravention or non compliance or any of the provisions of the application for allotment and this Allotment Letter.
(xxvi) The Allottee agrees not to undertake any construction on said plot without obtaining necessary permission from the competent authority and shall pay not make any construction beyond the expenses applicable laws governing FSI, height and charges incurred for his useother conditions.
(xxvii) The Allottee also agrees not to permit installation of any Telecom Tower or Advertisement Tower or any other and similar type of objectionable equipment on said plot or building thereupon.
Appears in 1 contract
Samples: Allotment Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby represents and warrants to the Promoter/Owner as follows:-
1. THAT the Allottee shall have no right, title or interest of any nature whatsoeveron whatsoever on the land and on the construction by virtue of this agreement, such right will accrue only upon payment of totalconsideration total consideration including other charges and after registration of the said flat and car park space.
2. THAT the Allottee shall have no right to claim any partition and or separation of the land where on the building is erected as well as the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land shall always remain undivided, indivisible and proportionate in terms of this agreement.
3. THAT the Third Party has hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption in respect of sale of any other flats or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the land.
4. THAT the Allottee and other owners/occupiers of the said building shall from a society, association or company for maintaining the said building and the common areas of the said building and to be a member of Apartment owners’ Association, society or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately the necessary taxes revenue and maintenance charges of the said building and common parts thereof and shall observe and perform all rules and buy-laws of such association or society.
5. THAT the Developer M/S Balaji Paradise Land & Housing Co. shall, by itself or through its nominated agency, maintain the common areas and facilities of the complex for a period of one year from the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year maintenance of the common areas the onus/responsibility of maintenance shall be handed over by the Developer to the Apartment Owners Association formed by the flat owners of the complex which shall thereafter be responsible for maintenance of the common areas and facilities of the complex. In the event of such body as aforesaid, not having been constituted by then, the responsibility of common area maintenance shall be handed over by the Developer to an interim body to be formed from amongst the resident flat owners or to a group of flat owners who would take over the possession and control of the common areas and facilities on behalf of themselves and also on behalf of ether Allottee of flats. Even if the said interim body is also not formed, then the Developer reserves the right to terminate his maintenance service.
6. THAT the Deed of Conveyance of the flat shall be executed and registered in favour of the Allottee subject to clearance of the entire consideration along with other dues, charges and deposit etc. receivable by M/S Balaji Paradise Land & Housing Co. and the possession of the flat/unit will be given to the Allottee only upon payment of all the amount due and fulfillment of all the terms and conditions in this agreement. The Allottee shall be given prior intimation of the date of registration and possession. The Deed of Conveyance will be drafted by M/S. Balaji Paradise Land and Housing Co in such form and containing such particulars as may be required. No request for changes, whatsoever in any of the conveyance deed will be entertained, the Allottee shall accept all such documents without any demur. The Allottee shall be wholly and exclusively required to pay stamp duty, registration charges, taxes and other cess or charges as may be levied by the Government from time to time for Registration of Deed of Transfer of immovable property. The Allottee shall pay M/S Paradise Land &Housing Co. the documentation charges as given in the schedule hereunder written and until possession and registration of the said unit be delivered to the Allottee, the developer/owner shall exclusively be entitled to use and possess the said unit and/or the premises and the building and every part thereof and after receiving possession in respect of the said flat the Allottee shall not be entitled to raise any question about the quality of materials and construction works and workmanship and any liability arise thereafter.
7. THAT after registration of the conveyance deed the Allottee shall have to apply for mutation of the said flat in his name to Kolkata Municipal Corporation Rajpur-Sonarpur Municipality and till the said flat is not separately assessed the Allottee shall have to deposit municipal taxes proportionately in respect of the said flat and car park space to the Developer. The Allottee shall have to apply to the authority, individually for electricity meter in his flat. The Allottee shall have to pay the applicable security deposit and other charges for the same to the authority.
8. THAT the Allottee agrees that no transfer alienation of interest of any nature will be permitted however upon full and final payment of dues, charges and upon payment of a transfer fee of 2% of the total price of the flat and parking space nomination/transfer of flat and car park space will be permitted.
9. THAT in addition to the said consideration mentioned hereinbefore the Allottee shall also pay to the Developer :-
a) Proportionate increase in consideration for the construction due to imposition of any Government Taxes, Levies and/or obstruction by the Allottee in delivery of possession of the said flat/unit.
b) Charges for providing any work in or relating to the said flat at the request of the Allottee and for providing any necessary facility or utility in the said flat, common portion and/or premises in excess of those which has already been done, provided that if the work of provision be for the Allottee in common with some or all the other co-owners, the Allottee and such co-owner shall share the charges therefore proportionately and the Allottee shall be liable to pay proportionate share of said charges and all betterment fees and if any other taxes and levies charges or to be charged by the Government or KMC Municipality relating to the building or any part thereof proportionately and the said flat wholly.
10. THAT save and except the said particular residential flat of the said building do hereby agreed to acquire by the Allottee, the Allottee shall have no claim or right of any nature or kind over or in respect of all open spaces, basements, parking places, in lobbies, staircases, terraces, roof, outside walls and other portion of the premises constructed except the right of use in common of all the common portions of the premises and the building with all other flats owners.
11. THAT the Allottee do hereby declare, confirm and assure the developer/owners that :-
a) If it is found that the developer, for any reason, obtained partial completion of the entire project and handed over that partially completed project to the Allottee, then at the time to completing the construction of incomplete portion some constructional hazard will arise and the Allottee agree to cooperate with the developer for peaceful execution and completion of the construction and other works of the complex in all respect.
b) Allottee shall not do any act, deed or thing whereby the Developer shall be prevented from construction and completion of the incomplete portion of the building and shall not to cause any interference or hindrance in the construction of the said building.
c) Allottee shall not do any deed or things whereby the Developer may be prevented from selling, assigning and/or disposing of any portion of the said building.
d) The developer shall not be prevented from making any additional construction and not-withstanding any temporary disruption in Allottee’s enjoyment of the said flat with or without car-park.
e) Allottee shall have no objection, claim or demand in any manner or raise in future, if any car parking space be converted into the use of commercial and/or residential use and enjoyment and vice versa and be sold to any other person or persons, other than flat owners, in the form or nature of car parking space, two xxxxxxx space, commercial space or residential purposes by the developer and/or the car parking space/spaces be covered by walls to use the said spaces for any other purposes provided however the said act of use shall not cause any blockage of the common areas, common passages of the building and shall not use the said spaces in such manner or commit any such act as to cause nuisance or annoyances to the other flat owners.
f) Allottee shall allow the developer with or without workmen to enter into and to use entrances, lobbies, staircases, lifts, stair-lobbies, electricity, pump rooms, machine rooms, water tank, water reservoir, generator room whatsoever comprised in and required for constructional purposes and shall pay the expenses and charges incurred for his use.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee Allottees themselves with intention to bring all persons into whosoever hands the Flats may come, hereby represents covenants with the Promoter as follows:
i. To maintain the said Flat at the Allottees’ own cost in good and warrants tenantable repair and condition from the date that the possession of the said Flat is taken and shall not do or suffer to be done anything in or to the Promotersaid Residential building in which the said Flat is situated which may be against the rules, regulations or bye-laws or change/Owner alter or make addition in or to the said Residential building in which the said Flat is situated and the said Flat itself or any part thereof without the consent of the local authorities, if required.
ii. Not to use the said Flat for the purpose of carrying on any business like Bar and Restaurant, etc., trade or commercial activity which necessitates storage of explosive or inflammable substances or for storage or sale of cement or store any goods which are of hazardous, combustible or dangerous nature or are so heavy as follows:-to damage the construction or structure of the said Residential building in which the said Flat is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the said Residential building in which the said Flat is situated, including entrances of the said Residential building in which the said Flat is situated and in case any damage is caused to the said Residential building in which the said Flat is situated or the said Flat on
1iii. THAT To carry out at their own cost all internal repairs and maintain the said Flat in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the said Residential building in which the said Flat is situated or the said Flat which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall have no rightbe responsible and liable for the consequences thereof to the concerned local authority and/or other public authority.
iv. Not to demolish or cause to be demolished, title nor at any time make or interest cause to be made any addition or alteration of whatever nature in or to the said Flat or any nature whatsoeveron part thereof, nor any alteration in the land elevation and on the construction by virtue of this agreement, such right will accrue only upon payment of totalconsideration including other charges and after registration outside colour scheme of the said flat Residential building in which the said Flat is situated and car park spaceshall keep the portion, sewers, drains and pipes in the said Flat and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the said Residential building in which the said Flat is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the said Flat without the prior written permission of the Promoter and/or the society or any other entity.
2. THAT v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the Allottee shall have no right to claim any partition said Residential building and or separation of the land where on said property and in which the building said Flat is erected as well as the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land situated or any part thereof or whereby any increased premium shall always remain undivided, indivisible and proportionate in terms of this agreement.
3. THAT the Third Party has hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption become payable in respect of sale of any the insurance.
vi. Not to throw dirt, rubbish, rags, garbage or other flats refuse or permit the same to be thrown from the said Flat in the compound or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the land.
4. THAT the Allottee and other owners/occupiers portion of the said Residential building shall from a society, association or company for maintaining and/or said property in which the said Flat is situated.
vii. Pay to the Promoter within fifteen days of demand by the Promoter , his share of security deposit any taxes or levies and other amounts as demanded by the concerned local authority or Government for providing infrastructure like water, electricity, sewerage or any other service connection to the said Residential building or said property in which the said Flat is situated.
viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the common areas concerned local authority and/or Government and/or other public authority, on account of change of user of the said building and to be a member Flat by the Allottee for any purposes other than for purpose for which it is sold.
ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of Apartment owners’ Association, society this Agreement or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately part with the necessary taxes revenue and maintenance charges possession of the said building and common parts thereof and Flat until all the dues payable
x. The Allottee shall observe and perform all the rules and buyRules, Regulations and bye-laws of such association which the society or society.
5. THAT any other entity and/or the Developer M/S Balaji shallconcerned local authority, by itself or through Government and other public bodies may adopt at its nominated agency, maintain the common areas and facilities of the complex for a period of one year from the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year maintenance of the common areas the onus/responsibility of maintenance shall be handed over by the Developer to the Apartment Owners Association formed by the flat owners of the complex which shall thereafter be responsible for maintenance of the common areas and facilities of the complex. In the event of such body as aforesaid, not having been constituted by then, the responsibility of common area maintenance shall be handed over by the Developer to an interim body to be formed from amongst the resident flat owners or to a group of flat owners who would take over the possession and control of the common areas and facilities on behalf of themselves and also on behalf of ether Allottee of flats. Even if the said interim body is also not formed, then the Developer reserves the right to terminate his maintenance service.
6. THAT the Deed of Conveyance of the flat shall be executed and registered in favour of the Allottee subject to clearance of the entire consideration along with other dues, charges and deposit etc. receivable by M/S Balaji inception and the possession of the flat/unit will be given to the Allottee only upon payment of all the amount due and fulfillment of all the terms and conditions in this agreement. The Allottee shall be given prior intimation of the date of registration and possession. The Deed of Conveyance will be drafted by M/S. Balaji in such form and containing such particulars as additions, alterations or amendments thereof that may be required. No request for changes, whatsoever in any of the conveyance deed will be entertained, the Allottee shall accept all such documents without any demur. The Allottee shall be wholly and exclusively required to pay stamp duty, registration charges, taxes and other cess or charges as may be levied by the Government made from time to time for Registration of Deed of Transfer of immovable property. The Allottee shall pay M/S Paradise Land &Housing Co. the documentation charges as given in the schedule hereunder written protection and until possession and registration maintenance of the said unit be delivered to Project building for the Allottee, time being in force regarding the developer/owner shall exclusively be entitled to occupancy and use and possess the said unit and/or the premises and the building and every part thereof and after receiving possession in respect of the said flat Flat in the Allottee said Residential building and shall not be entitled to raise any question about pay and contribute regularly and punctually towards the quality taxes, expenses or other out-goings in accordance with the terms of materials and construction works and workmanship and any liability arise thereafterthis Agreement.
7xi. THAT after registration of the Till a conveyance deed the Allottee shall have to apply for mutation of the said flat Flat is executed in his name to Kolkata Municipal Corporation and till the said flat is not separately assessed the Allottee shall have to deposit municipal taxes proportionately in respect favour of the said flat and car park space to the Developer. The Allottee shall have to apply to the authority, individually for electricity meter in his flat. The Allottee shall have to pay the applicable security deposit and other charges for the same to the authority.
8. THAT the Allottee agrees that no transfer alienation of interest of any nature will be permitted however upon full and final payment of dues, charges and upon payment of a transfer fee of 2% of the total price of the flat and parking space nomination/transfer of flat and car park space will be permitted.
9. THAT in addition to the said consideration mentioned hereinbefore the Allottee shall also pay to the Developer :-
a) Proportionate increase in consideration for the construction due to imposition of any Government Taxes, Levies and/or obstruction by the Allottee in delivery of possession of the said flat/unit.
b) Charges for providing any work in or relating to the said flat at the request of the Allottee and for providing any necessary facility or utility in the said flat, common portion and/or premises in excess of those which has already been done, provided that if the work of provision be for the Allottee in common with some or all the other co-owners, the Allottee and such co-owner shall share the charges therefore proportionately and the Allottee shall be liable to pay proportionate share of said charges and all betterment fees and if any other taxes and levies charges or to be charged by the Government or KMC relating to the building or any part thereof proportionately and the said flat wholly.
10. THAT save and except the said particular residential flat of the said building do hereby agreed to acquire by the Allottee, the Allottee shall have no claim or right of any nature or kind over or in respect of all open spacespermit the Promoter and their surveyors and agents, basements, parking places, in lobbies, staircases, terraces, roof, outside walls and other portion of the premises constructed except the right of use in common of all the common portions of the premises and the building with all other flats owners.
11. THAT the Allottee do hereby declare, confirm and assure the developer/owners that :-
a) If it is found that the developer, for any reason, obtained partial completion of the entire project and handed over that partially completed project to the Allottee, then at the time to completing the construction of incomplete portion some constructional hazard will arise and the Allottee agree to cooperate with the developer for peaceful execution and completion of the construction and other works of the complex in all respect.
b) Allottee shall not do any act, deed or thing whereby the Developer shall be prevented from construction and completion of the incomplete portion of the building and shall not to cause any interference or hindrance in the construction of the said building.
c) Allottee shall not do any deed or things whereby the Developer may be prevented from selling, assigning and/or disposing of any portion of the said building.
d) The developer shall not be prevented from making any additional construction and not-withstanding any temporary disruption in Allottee’s enjoyment of the said flat with or without car-park.
e) Allottee shall have no objection, claim or demand in any manner or raise in future, if any car parking space be converted into the use of commercial and/or residential use and enjoyment and vice versa and be sold to any other person or persons, other than flat owners, in the form or nature of car parking space, two xxxxxxx space, commercial space or residential purposes by the developer and/or the car parking space/spaces be covered by walls to use the said spaces for any other purposes provided however the said act of use shall not cause any blockage of the common areas, common passages of the building and shall not use the said spaces in such manner or commit any such act as to cause nuisance or annoyances to the other flat owners.
f) Allottee shall allow the developer with or without workmen and others, at all reasonable times, to enter into and upon the said Flat or any part thereof to use entrances, lobbies, staircases, lifts, stair-lobbies, electricity, pump rooms, machine rooms, water tank, water reservoir, generator room whatsoever comprised in view and required for constructional purposes examine the state and shall pay the expenses and charges incurred for his usecondition thereof.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee hereby represents and warrants to the Promoter/Owner as follows:-
1. THAT the Allottee shall have no right, title or interest of any nature whatsoeveron whatsoever on the land and on the construction by virtue of this agreement, such right will accrue only upon payment of totalconsideration total consideration including other charges and after registration of the said flat and car park space.
2. THAT the Allottee shall have no right to claim any partition and or separation of the land where on the building is erected as well as the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land shall always remain undivided, indivisible and proportionate in terms of this agreement.
3. THAT the Third Party has Allottee hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption pre-emption in respect of sale of any other flats or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the land.
4. THAT the Allottee and other owners/occupiers of the said building shall from a society, association or company for maintaining the said building and the common areas of the said building and to be a member of Apartment owners’ Association, society or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately the necessary taxes revenue and maintenance charges of the said building and common parts thereof and shall observe and perform all rules and buy-laws of such association or society.
5. THAT no maintenance charges will be charged over the Developer Munsold flat or unit/S Balaji shallapartment of the promoter for maintaining the said building and the common areas of the building by the Association, Society or any nominated agency.
6. THAT the Apartment Owners Association, as formed under the owners/occupiers of the building Block-1/Phase-1,shall by itself or through its nominated agency, maintain the common areas and facilities of the complex for a period of one year from and the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year allottee shall pay at the rate the Association chargedupon other flat owners/occupiers on the area on which maintenance of the common areas the onus/responsibility of charges will be calculated towards maintenance shall be handed over by the Developer to the Apartment Owners Association formed by the flat owners of the complex which shall thereafter be responsible for maintenance cost of the common areas and facilities serving ‘Xxxxxxx Xxxxxx’.
7. THAT the Allottee shall have to deposit a sum of Rs.10/- per sqft of the complexarea of the unit on which maintenance charges will be calculated towards Maintenance Corpus Deposit (Sinking Fund), before registration of the conveyance deed of the flat. In The Developer will transfer the event said Maintenance Corpus Deposit, only to the Apartment Owners Association, after it is formed, without interest. The Maintenance Corpus Deposit collected from each purchaser will remain credited to the account of such body as aforesaid, not having been constituted by then, purchaser in the responsibility records of common area maintenance shall be handed over by the Developer M/S Paradise Land &Housing Co and subsequently to an interim body to be formed from amongst the resident flat owners or to a group of flat owners who would take over the possession and control of the common areas and facilities on behalf of themselves and also on behalf of ether Allottee of flats. Even if the said interim body is also not formed, then the Developer reserves the right to terminate his maintenance serviceApartment Owners Association.
68. THAT the Deed of Conveyance of the flat shall be executed and registered in favour of the Allottee subject to clearance of the entire consideration along with other dues, charges and deposit etc. receivable by M/S Balaji Paradise Land & Housing Co. and the possession of the flat/unit will be given to the Allottee only upon payment of all the amount due and fulfillment fulfilment of all the terms and conditions in this agreement. The Allottee shall be given prior intimation of the date of registration and possession. The Deed of Conveyance will be drafted by M/S. Balaji Paradise Land and Housing Co in such form and containing such particulars as may be required. No request for changes, whatsoever in any of the conveyance deed will be entertained, the Allottee shall accept all such documents without any demur. The Allottee shall be wholly and exclusively required to pay stamp duty, registration charges, taxes and other cess or charges as may be levied by the Government from time to time for Registration of Deed of Transfer of immovable property. The Allottee shall pay M/S Paradise Land &Housing Co. the documentation charges as given in the schedule hereunder written and until possession and registration of the said unit be delivered to the Allottee, the developer/owner shall exclusively be entitled to use and possess the said unit and/or the premises and the building and every part thereof and after receiving possession in respect of the said flat the Allottee shall not be entitled to raise any question about the quality of materials and construction works and workmanship and any liability arise thereafter.
79. THAT after registration of the conveyance deed the Allottee shall have to apply for mutation of the said flat in his name to Kolkata Municipal Corporation Rajpur-Sonarpur Municipality and till the said flat is not separately assessed the Allottee shall have to deposit municipal taxes proportionately in respect of the said flat and car park space to the Developer. The Allottee shall have to apply to the authority, individually for electricity meter in his flat. The Allottee shall have to pay the applicable security deposit and other charges for the same to the authority.
810. THAT the Allottee agrees that no transfer alienation of interest of any nature will be permitted however upon full and final payment of dues, charges and upon payment of a transfer fee of 2% of the total price of the flat and parking space nomination/transfer of flat and car park space will be permitted.
911. THAT in addition to the said consideration mentioned hereinbefore the Allottee shall also pay to the Developer :-
a) Proportionate increase in consideration for the construction due to imposition of any Government Taxes, Levies and/or obstruction by the Allottee in delivery of possession of the said flat/unit.
b) Charges for providing any work in or relating to the said flat at the request of the Allottee and for providing any necessary facility or utility in the said flat, common portion and/or premises in excess of those which has already been done, provided that if the work of provision be for the Allottee in common with some or all the other co-owners, the Allottee and such co-owner shall share the charges therefore proportionately and the Allottee shall be liable to pay proportionate share of said charges and all betterment fees and if any other taxes and levies charges or to be charged by the Government or KMC Municipality relating to the building or any part thereof proportionately and the said flat wholly.
1012. THAT save and except the said particular residential flat of the said building do hereby agreed to acquire by the Allottee, the Allottee shall have no claim or right of any nature or kind over or in respect of all open spaces, basements, parking places, in lobbies, staircases, terraces, roof, outside walls and other portion of the premises constructed except the right of use in common of all the common portions of the premises and the building with all other flats owners.
1113. THAT the Allottee do hereby declare, confirm and assure the developer/owners that :-
a) If it is found that the developer, for any reason, obtained partial completion of the entire project and handed over that partially completed project to the Allottee, then at the time to completing the construction of incomplete portion some constructional hazard will arise and the Allottee agree to cooperate with the developer for peaceful execution and completion of the construction and other works of the complex in all respect.
b) Allottee shall not do any act, deed or thing whereby the Developer shall be prevented from construction and completion of the incomplete portion of the building and shall not to cause any interference or hindrance in the construction of the said building.
c) Allottee shall Allotteeshall not do any deed or things whereby the Developer may be prevented from selling, assigning and/or disposing of any portion of the said building.
d) The developer shall not be prevented from making any additional construction and not-withstanding any temporary disruption in Allottee’s enjoyment of the said flat with or without car-park.
e) Allottee shall have no objection, claim or demand in any manner or raise in future, if any car parking space except the car park space no……… be converted into the use of commercial and/or residential use and enjoyment and vice versa and be sold to any other person or persons, other than flat owners, in the form or nature of car parking space, two xxxxxxx space, commercial space or residential purposes by the developer and/or the car parking space/spaces be covered by walls to use the said spaces for any other purposes by the developer provided however the said act of use shall not cause any blockage of the common areas, common passages of the building and shall not use the said spaces in such manner or commit any such act as to cause nuisance or annoyances to the other flat owners.
f) Allottee shall allow the developer with or without workmen to enter into and to use entrances, lobbies, staircases, lifts, stair-lobbies, electricity, pump rooms, machine rooms, water tank, water reservoir, generator room whatsoever comprised in and required for constructional purposes and shall pay the expenses and charges incurred for his use.
g) That as a matter of necessity, the ownership and enjoyment of the said Unit by the Allottee shall be consistent with the rights and interest of all the Allottees and in using and enjoying the said Unit and the Common Areas and Installations, the Allottee covenants with the developer which is annexed herewith along with this Agreement.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE ALLOTTEE. The Allottee covenants, represents, agrees, declares and undertakes to the Company that:
(a) The Allottee has read and understood the Act and the Real Estate Act and implications thereof in relation to the various provisions of this Agreement and further confirms that the Allottee is in full consensus with the provisions of this Agreement in relation to the Act and the Real Estate Act and shall at all times comply with the provisions of the Act and Real Estate Act or any statutory amendments or modifications thereof or the provisions of any other law(s) dealing with the matter.
(b) The Allottee shall have the ownership and possession of the said Unit along with the undivided proportionate share in the land underneath the Building in which the Unit is located, user interest in the Common Areas within the said Building only and other common facilities/amenities, if any, of the said Group Housing Colony/ Project. The Allottee will have no right to claim or bring about any action for the division or partition of the Common Areas within the said Building/Group Housing Colony/Project at any time which shall forever remain impartible / indivisible. As the interest of the Allottee in the Common Areas is undivided and cannot be partitioned this would require him/her to use the Common Areas, harmoniously along with other occupants in the said Building/ Project/Group Housing Colony without causing any inconvenience or hindrance to them as the common areas and facilities are common for all allottees for the entire Group Housing Colony. The Allottee agrees and understands that the Allottee shall be entitled to the undivided proportionate interest in no other common facilities /amenities in the Project/Group Housing Colony except the Common Areas within the Building only. The Allottee hereby represents undertakes not to raise any construction whether temporary or permanent on the rear/front balcony/lawn/rooftop/terrace under his use.
(c) The Allottee has understood that the Company may transfer and warrants convey its rights, title and interest in any portion of the Common Areas and all common amenities and facilities in the Group Housing Colony, in favor of any co-operative society / association/society of allottee(s)/limited company/Allottee, to be formed for the common interest of all the allottees of any Unit/Buildings in the Project, in accordance with the Act, Real Estate Act and the rules framed there-under, as and when the same are made applicable to the PromoterUnit/Owner Building or provision of any other law that may be applicable to the Unit/Building.
(d) The Allottee shall become a member of any association/society of Allottee as follows:-may be formed by the Company on behalf of Allottee as stipulated under law for the time being in force and shall pay any fees, membership or subscription charges and shall complete such documentation and formalities as may be deemed necessary by the Company for this purpose.
1(e) After the payment of Xxxxxxx Money and subject to (i) the prior intimation to the Company and (ii) compliance with other provisions of this Agreement including the payment by the Allottee to the Company, administrative charges, nomination fees, etc. THAT as applicable from time to time in this respect, the Allottee may sell, transfer, assign or part with his right, title, or interest, in allotment of the said Unit to a third party.
(f) The Allottee has full knowledge of the Applicable Laws applicable to the Scheduled Land and/ or the Building/Project. The Allottee has inspected all the approvals, permissions, sanctions, licenses, building plan(s), granted by DTCP and by such other competent Authorities and/or related departments in favor of the Company and ownership record in respect of the Scheduled Land, and all such documents relating to the rights and title of the Company to develop/construct the Unit in the Building and have fully satisfied themselves about the rights, title and interest of the Land Owners in the Scheduled Land and also the Company's rights to develop the Project and enter into this Agreement. The Allottee further acknowledges that the Company has readily provided all information/clarification required by them in this regard. The Allottee further agrees that the Allottee shall not demand, investigate or raise any objections in this regard at any time whatsoever hereinafter.
(g) The Allottee is aware of the terms and conditions contained in this Agreement and that the Allottee has clearly read and understood his rights, duties, responsibilities, obligations under each and all the clauses of this Agreement and undertakes to abide by and adhere to the same at all times.
(h) The Allottee acknowledges that the Company has readily provided all the information, clarifications as required by the Allottee and that the Allottee has not relied upon and is not influenced by any architect’s plan, sales plans, sales brochures, advertisements, representations, warranties, statements or estimates of any nature whatsoever, whether written or oral, made by the Company, its selling agents/brokers or otherwise including but not limited to any representations relating to description or physical condition of the Unit or the size or dimensions of the Unit or the rooms therein or any other physical characteristics thereof, the services to be provided to the Allottee, the estimated facilities/amenities to be made available to the Allottee, or any other data except as specifically represented in this Agreement.
(i) The Allottee is entering into this Agreement for the allotment of the Unit with the full knowledge of all Applicable Laws to the Project and hereby undertake to comply with and carry out, from time to time after they have taken over for occupation and use the said Unit all the requirements, requisitions and demands which are required to be complied with by any Development Authority/ Municipal Authority/ government or any other Competent Authority in respect of the said Unit, Project and/or Scheduled Land on which the Building/Project/Group Housing Colony is situated at his own cost. The Allottee shall at all times indemnify and keep and hold the Company and its directors/employees/associates, etc. indemnified, secured and harmless against all costs, consequence, damages, arising on account of non-compliance with the said requirements, requisitions and demands.
(j) In case the Allottee is a non-resident Indian or a foreign national of Indian origin then it shall be his responsibility to fully comply with all the provisions of Foreign Exchange Management Act, 1999 ("FEMA"), Reserve Bank of India Act, 1934 ("RBI Act"), any rules and/or guidelines made/issued there under and all other Applicable Laws including that of remittance of payment, acquisition/ sale /transfer of immovable properties in India. The Allottee shall be solely responsible for any failure to comply with the applicable FEMA provisions, RBI Act and/or any rules or guidelines made there under. The Allottee shall indemnify and keep and hold the Company and its Directors/employees/associates, etc. fully indemnified and harmless against any losses, damages, impositions or liabilities, including but not limited to any statutory liability, claim, action, penalties, charge, costs, expenses, etc. due to such failure. In the event of change of the residential status of the Allottee subsequent to the execution of this Agreement, they shall immediately intimate the same to the Company and comply with necessary formalities, if any, under the Applicable Laws.
(k) The Allottee agrees that the Company shall not be responsible towards any third-party making payment/remittances on behalf of any of the Allottee and such third party shall not have any right in the allotment of the Unit applied for herein, in any way and the Company shall be issuing the payment receipts in favor of the Allottee only.
(l) The Allottee agrees to abide by and comply with the bye-laws or house rules or such rules and notifications issued from time to time by the Company or the designated Maintenance Agency in the interests of the upkeep, cleanliness, security, etiquettes and maintenance of the Project. Any non-compliance with such rules and notifications would be deemed to be an event of default.
(m) If stipulated in terms of the License and the bilateral agreement executed between the Company and the DTCP, Haryana and if it is required to earmark a portion of the Project for the construction of flats/ Unit/ floors for domestic servants / low income group/Economically Weaker Sections (‘EWS’) of the society, in such a case, it is agreed to by the Allottee, that the Allottee shall have no right, title title, interest in any form or interest of in any nature whatsoeveron manner in the land and on the construction by virtue of this agreement, such right will accrue only upon payment of totalconsideration including other charges and after registration of the said flat and car park space.
2. THAT the Allottee shall have no right to claim any partition and or separation of the land where Scheduled Land earmarked and/or on the building is erected as well as constructed thereon and/or the building containing the flat and car park agreed to be purchased by this agreement and the interest in the land shall always remain undivided, indivisible and proportionate in terms of this agreement.
3. THAT the Third Party has hereby irrevocably agrees specific condition that he/she shall not any time claim any right of preemption in respect of sale of any other flats or any garage or any car-parking spaces and/or sale of any undivided proportionate impartiable variable share in the land directly underneath the flats against any other purchase/purchases in the same building or other part of the land.
4. THAT the Allottee and other owners/occupiers of the said building shall from a society, association or company for maintaining the said building and the common areas of the said building and to be a member of Apartment owners’ Association, society or company and shall abide by all laws, rules and regulations of such society or association and pay proportionately the necessary taxes revenue and maintenance charges of the said building and common parts thereof and shall observe and perform all rules and buy-laws of such association or society.
5. THAT the Developer M/S Balaji shall, by itself or through its nominated agency, maintain the common areas and facilities of the complex for a period of one year from the date of first notice of handover possession, after obtaining completion plan and certificate. After completion of one year maintenance of the common areas the onus/responsibility of maintenance shall be handed over by the Developer to the Apartment Owners Association formed by the flat owners of the complex which shall thereafter be responsible for maintenance of the common areas and facilities of the complex. In the event of such body as aforesaid, not having been constituted by then, the responsibility of common area maintenance shall be handed over by the Developer to an interim body to be formed from amongst the resident flat owners or to a group of flat owners who would take over the possession and control of the common areas and facilities on behalf of themselves and also on behalf of ether Allottee of flats. Even if the said interim body is also not formed, then the Developer reserves the right to terminate his maintenance service.
6. THAT the Deed of Conveyance of the flat shall be executed and registered in favour of the Allottee subject to clearance of the entire consideration along with other dues, charges and deposit etc. receivable by M/S Balaji and the possession of the flat/unit will be given to the Allottee only upon payment of all the amount due and fulfillment of all the terms and conditions in this agreementprovided therein. The Allottee shall be given prior intimation of the date of registration and possession. The Deed of Conveyance will be drafted by M/S. Balaji in such form and containing such particulars as may be required. No request for changes, whatsoever in any of the conveyance deed will be entertained, the Allottee shall accept all such documents without any demur. The Allottee shall be wholly and exclusively required to pay stamp duty, registration charges, taxes and other cess or charges as may be levied by the Government from time to time for Registration of Deed of Transfer of immovable property. The Allottee shall pay M/S Paradise Land &Housing Co. the documentation charges as given in the schedule hereunder written and until possession and registration of the said unit be delivered to the Allottee, the developer/owner shall exclusively be entitled to use and possess the said unit and/or the premises and the building and every part thereof and after receiving possession in respect of the said flat confirms that the Allottee shall not be entitled to raise any question about objection towards the quality of materials and construction works and workmanship and any liability arise thereaftersame.
7. THAT after registration of the conveyance deed the Allottee shall have to apply for mutation of the said flat in his name to Kolkata Municipal Corporation (n) The execution, delivery and till the said flat is not separately assessed the Allottee shall have to deposit municipal taxes proportionately in respect of the said flat and car park space to the Developer. The Allottee shall have to apply to the authority, individually for electricity meter in his flat. The Allottee shall have to pay the applicable security deposit and other charges for the same to the authority.
8. THAT the Allottee agrees that no transfer alienation of interest of any nature will be permitted however upon full and final payment of dues, charges and upon payment of a transfer fee of 2% of the total price of the flat and parking space nomination/transfer of flat and car park space will be permitted.
9. THAT in addition to the said consideration mentioned hereinbefore the Allottee shall also pay to the Developer :-
a) Proportionate increase in consideration for the construction due to imposition of any Government Taxes, Levies and/or obstruction performance by the Allottee in delivery of possession of the said flat/unit.
b) Charges for providing any work in or relating to the said flat at the request of the Allottee and for providing any necessary facility or utility in the said flat, common portion and/or premises in excess of those which has already been done, provided that if the work of provision be for the Allottee in common with some or all the other co-owners, the Allottee and such co-owner shall share the charges therefore proportionately this Agreement and the Allottee shall be liable to pay proportionate share of said charges and all betterment fees and if any other taxes and levies charges or to be charged by the Government or KMC relating to the building or any part thereof proportionately and the said flat wholly.
10. THAT save and except the said particular residential flat of the said building do documents contemplated hereby agreed to acquire by the Allottee, the Allottee shall have no claim or right of any nature or kind over or in respect of all open spaces, basements, parking places, in lobbies, staircases, terraces, roof, outside walls and other portion of the premises constructed except the right of use in common of all the common portions of the premises and the building with all other flats owners.
11. THAT the Allottee do hereby declare, confirm and assure the developer/owners that :-
a) If it is found that the developer, for any reason, obtained partial completion of the entire project and handed over that partially completed project to the Allottee, then at the time to completing the construction of incomplete portion some constructional hazard will arise and the Allottee agree to cooperate with the developer for peaceful execution and completion of the construction and other works of the complex in all respect.
b) Allottee shall not do any act, deed or thing whereby the Developer shall be prevented from construction and completion of the incomplete portion of the building and shall not to cause any interference or hindrance in the construction of the said building.
c) Allottee shall not do any deed or things whereby the Developer may be prevented from selling, assigning and/or disposing of any portion of the said building.
d) The developer shall not be prevented from making any additional construction and not-withstanding any temporary disruption in Allottee’s enjoyment of the said flat (with or without car-park.
e) Allottee shall have no objectionthe giving of notice, claim the lapse of time, or demand in any manner or raise in futureboth), if any car parking space be converted into and the use of commercial and/or residential use and enjoyment and vice versa and be sold to any other person or persons, other than flat owners, in the form or nature of car parking space, two xxxxxxx space, commercial space or residential purposes consummation by the developer and/or the car parking space/spaces be covered by walls to use the said spaces for any other purposes provided however the said act of use shall not cause any blockage Allottee of the common areastransactions contemplated hereby or thereby will not conflict with, common passages result in a breach of, or constitute a default under, any Applicable Law applicable to the Allottee or any contract or agreement to which the Allottee is a party or by which the Allottee may be bound, any agreement or commitment that prohibits the execution and delivery of this Agreement by the Allottee or the consummation of the building and shall not use the said spaces in such manner or commit any such act as to cause nuisance or annoyances to the other flat ownerstransactions contemplated hereby.
f) Allottee shall allow the developer with or without workmen to enter into and to use entrances, lobbies, staircases, lifts, stair-lobbies, electricity, pump rooms, machine rooms, water tank, water reservoir, generator room whatsoever comprised in and required for constructional purposes and shall pay the expenses and charges incurred for his use.
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Samples: Apartment Buyer’s Agreement