Common use of REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case maybe; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities till the completion certificate has been issued and possession of apartment, plot or building, case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project;Project except the Said Mortgage described in Point No. I, hereinabove: (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on common areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement Agreement; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/s and the common areas to the association of allottees allottee/s or the competent authority, as the case maybe; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee/s and the association of allottees Allottee/s or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee Allottee/Purchasers as follows: (i) i. The Promoter/Developer has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances upon the said Land project land or the ProjectProject except those disclosed in the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the said Land, project land or Project or except those disclosed in the Apartment:title report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter/Developer has been and shall, at all times times, remain to be incompliance in compliance with all applicable laws in relation to the Project, said Landproject land, Building Building/wing and Apartment and comm on common areas; (vi) . The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/Purchaser created herein, may prejudicially be affected; (vii) . The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Land project land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee/Purchaser under this Agreement; (viii) . The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee/Purchaser in the manner contemplated in this Agreement Agreement; (ix) . At the time of execution of the conveyance deed of the structure to the association of Allottee/Purchasers the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment common areas of the Structure to the Allottee and Association of the common areas to the association of allottees or the competent authority, as the case maybeAllottee/Purchasers; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) x. The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental undisputed Governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respire respect to the said project to the competent aut horities till the completion certificate has been issued and possession of apartment, plot or building, case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government Government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land project land and/or the ProjectProject except those disclosed in the title report.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building Buildin g and Apartment and comm on areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement Agreement; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case maybe; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. 10.1. The Promoter/Promoter/ Developer hereby represents and warrants to the Allottee as follows: (i) 10.1.1. The Promoter/Promoter/ Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) 10.1.2. The Promoter/Promoter/ Developer has lawful rights and requisite approvals from the competent Authorities to carryout carry out development of the Project; (iii) 10.1.3. There are no encumbrances upon the said Land or the Project;: (iv) 10.1.4. There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment:; (v) 10.1.5. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Promoter/ Developer has been and shall, at all times times, remain to be incompliance in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on common areas; (vi) 10.1.6. The Promoter/Promoter/ Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, . whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) 10.1.7. The Promoter/Promoter/ Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) 10.1.8. The Promoter/Promoter/ Developer confirms that the Promoter/Promoter/ Developer is not restricted in any manner whatsoever from selling sub lesing the said Apartment to the Allottee in the manner contemplated in this Agreement Agreement; (ix) 10.1.9. At the time of execution of the conveyance deed of transfer the Promoter/Promoter/ Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case maybemay be; (x) 10.1.10. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) 10.1.11. The Promoter/Promoter/ Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respire respect to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, . amenities and and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) 10.1.12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Promoter/ Developer in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sub Lease Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on areas; (viv) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) ; The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ixvii) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees allottee or the competent authority, as the case maybe; (xviii) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xiix) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped areas(equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may be; (xiix) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project. (xi) There are no encumbrances upon the said Land or the Project. [in case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (xii) That the property is not wakf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee Allottees as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project;: (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment:; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on common areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottees created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottees under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottees in the manner contemplated in this Agreement Agreement; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottees and the common areas to the association of allottees or the competent authority, as the case maybe; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottees and the association of allottees Allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances except “Said Mortgage” upon the said Land or the Project;: [Indenture of Mortgage dated the 18th day of June, 2018, and registered in the office of the Additional Registrar of Assurances – I at Kolkata in its Book No. I, Volume No.- 1901-2018, pages from 186908 to 186984, Being No. 190104613,] (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building Buildin g and Apartment and comm on areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement Agreement; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case maybe; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities till the completion certificate has been issued and possession of apartment, plot or building, case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on areas; (viv) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiivii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ixviii) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees allottee or the competent authority, as the case maybe; (xix) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xix) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may be; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project. (xii) There are no encumbrances upon the said Land or the Project. (xiii) That the property is not wakf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee Allottees as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on areas; (viv) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiivii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ixviii) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case maybe; (xix) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xix) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottees and the association of allottees Allottees or the competent authority, as the case may be; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project. (xii) There are no encumbrances upon the said Land or the Project. (xiii) That the property is not wakf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on common areas; (viv) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiivii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ixviii) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees allottee or the competent authority, as the case maybe; (xix) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xix) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may be; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project. (xii) There are no encumbrances upon the said Land or the Project. (xiii) That the property is not wakf property.

Appears in 1 contract

Samples: Sale Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project;: (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on common areas; (viv) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiivii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement Agreement; (ixviii) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees allottee or the competent authority, as the case maybe; (xix) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xix) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped areas(equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may be; ; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee ALLOTTEE as follows: (i) The Promoter/Promoter/Developer has undertakes that the Owners have absolute, clear and marketable title with respect to the said Land; Project Property and is also entitled vide the requisite Development Agreement Cum Development Power of Attorney, to enter into this Agreement along with the ALLOTTEE, and the Promoter/Developer have the rights to carry out development upon the said Land Project Property and absolute, actual, physical and legal possession of the said Land Project Property for the Real Estate Project;. (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout carry out development of the Real Estate Project;. (iii) There are no encumbrances upon the said Land Project Property or the Project;Real Estate Project as expressly disclosed in the Form A Declaration uploaded in the Website of the Authority: (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Property or the Apartment:Real Estate Project, save and except as expressly disclosed in the Form A Declaration uploaded in the Website of the Authority; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land the Project Property and Apartment the Said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has have been and shall, at all times times, remain to be incompliance in compliance with all applicable laws in relation to the Real Estate Project, said Landthe Project Property, the Said Unit, the Said Building and Apartment and comm on areasCommon Areas of the Real Estate Project till the date of handing over of the Real Estate Project to the association of ALLOTTEE; (vi) The Promoter/Developer has have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee ALLOTTEE created herein, may prejudicially be affected; (vii) The Promoter/Developer has have not entered into any agreement for sale Transfer and/or development agreement or any other agreement/ agreement / arrangement with any person or party with respect to the said Land including the Project and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee ALLOTTEE under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment Said Unit to the Allottee ALLOTTEE in the manner contemplated in this Agreement Agreement; (ix) At the time of execution of the conveyance deed Deed Of Transfer the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit to the Allottee ALLOTTEE and the common areas Common Areas of the Real Estate Project to the association of allottees or ALLOTTEE, upon the competent authority, as the case maybesame being formed and registered; (x) The Schedule Project Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Project Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respire respect to the said project Project to the competent aut horities Authorities till the completion certificate has been issued and irrespective of possession of apartment, plot or building, case may be, apartment along with common areas Common Areas of the Real Estate Project (equipped with all the specifications, amenities and and. facilities) has been handed over to the allottee ALLOTTEE and the association of allottees ALLOTTEE or the competent authority, as the case may benot; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Property) has been received by or served upon the Promoter/Developer in respect of the said Land Project Property and/or the Real Estate Project. (xiii) That the property is not a Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee Allottee/s as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (iv) There are no encumbrances upon the said Land or the Project: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on common areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement Agreement; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/s and the common areas to the association of allottees allottee/s or the competent authority, as the case maybe; (x) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or and/or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee/s and the association of allottees Allottee/s or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project. (xiii) That the property is not wakf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee Allottees as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said LandPremises; the requisite rights to carry out development upon the said Land Premises and absolute, actual, physical and legal possession of the said Land Premises for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout carry out development of the Project; (iii) There are no encumbrances upon the said Land Premises or the ProjectProject;[in case there are any encumbrances on the land provided details of such encumbrances including any rights, title, interest and name of party in or over such land]; (iv) There are no litigations pending before any Court of law or Authority with respect to the said LandPremises, Project or the Apartment:; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Premises and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times times, remain to be incompliance in compliance with all applicable laws in relation to the Project, said LandPremises, Building and Apartment and comm on common areas; (vi) The Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottees created herein, may prejudicially be affected; (vii) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ agreement / arrangement with any person or party with respect to the said Land Premises, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottees under this Agreement; (viii) The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in Allottees and the manner contemplated in this Agreement common areas to the Association of the Allottees; (ix) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottees and the common areas to the association Association of allottees or the competent authority, as the case maybeAllottees; (x) The Schedule Property said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the Schedule Propertysaid Premises; (xi) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ and / or penalties and other outgoings, whatsoever, payable with respire respect to the said project to the competent aut horities till the completion certificate has been issued and possession of apartment, plot or building, case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyPremises) has been received by or served upon the Promoter/Developer in respect of the said Land and/or Premises and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has Developerhas absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has Developerhas lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project;: (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on areas; (viv) The Promoter/Developer has Developerhas the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiivii) The PromoterThePromoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ixviii) At the time of execution of the conveyance deed the Promoter/Developer shall Developershall handover lawful, vacant, peaceful, physical possession of the Apartment to Apartmentto the Allottee and the common areas to the association of allottees or allotteeor the competent authority, as the case maybe; (xix) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xix) The Promoter/Developer has Developerhas duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped areas(equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may be; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project. (xii) That the property is not wakf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER/DEVELOPER. The Promoter/Developer hereby represents and warrants to the Allottee as follows: (i) The Promoter/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carryout development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment: (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter/Developer has been and shall, at all times remain to be incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and comm on areas; (viv) The Promoter/Developer has Developerhas the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viivi) The Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) ; The Promoter/Developer confirms that the Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement ; (ixvii) At the time of execution of the conveyance deed the Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees allottee or the competent authority, as the case maybe; (xviii) The Schedule Property not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xiix) The Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/ or penalties and other outgoings, whatsoever, payable with respire to the said project to the competent aut horities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped areas(equipped with all the specifications, amenities . Amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may be; (xiix) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter/Developer in respect of the said Land and/or the Project. (xi) There are no encumbrances upon the said Land or the Project. (xii) That the property is not wakf property.

Appears in 1 contract

Samples: Sale Agreement

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