REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) 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] (iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot]; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas; (vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees; (x) 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) The Promoter 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 respect to the said project to the competent Authorities; (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 in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.
Appears in 306 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 99 contracts
Samples: Sale Agreement, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 56 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 46 contracts
Samples: Sale Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;,
(vi) The Promoter 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 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartmentsaid[Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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. 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property...
Appears in 29 contracts
Samples: Allotment Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/PlotPloat] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plotplot] and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentthe[Apartment/Plot] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 26 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale/Conveyance Deed
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) I. The [Promoter] Promoter 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) II. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) III. 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]
(iv) IV. There are no litigations pending before any Court court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) V. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and [(Apartment/Plot] ) are valid and subsisting and have been obtained by following due process of law. Further, Further the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [(Apartment/Plot] ) and common areas;
(vi) VI. The Promoter 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 Xxxxxxxx created herein, may prejudicially be affected;
(vii) VII. The Promoter 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/Plot] ) which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) VIII. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [(Apartment/Plot] ) to the Allottee in the manner contemplated in this Agreement;
(ix) IX. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [(Apartment/Plot] ) to the Allottee and the common areas to the Association of the Allottees;
(x) X. The Schedule 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) XI. The Promoter 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, outgoings whatsoever, payable with respect to the said project to the competent Authorities;
(xii) 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 receive by or served upon the Promoter in respect of the said Land land and/or the Projectproject;
(xiii) XIII. That the property is not Waqf property.
Appears in 22 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby here by represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartmentthe[Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby where by the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 outgoingsout goings, whatsoever, payable with respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 19 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The or Promoter has the right the right, to enter title into and this interest Agreement of the Allottee and has not created committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, or may prejudicially to be affected;.
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 13 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/PlotUnit];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/PlotUnit] and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/PlotUnit] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/PlotUnit] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentthe[Apartment/PlotUnit] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Unit 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 12 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee/s as follows:
(i) i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) . There are no litigations pending before any Court of law or Authority with respect to the said Said Land, Project or the [Apartment/Plot];Project;expect those which are disclosed.
(v) iv. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project and Said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) v. The Promoter 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/s created herein, may prejudicially be affected;
(vii) vi. The Promoter 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/Plot] Apartment which will, in any manner, affect the rights of Allottee Allottee/s under this Agreement;
(viii) vii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Said Apartment to the Allottee Allottee/s in the manner contemplated in this Agreement;
(ix) viii. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Said Apartment to the Allottee Allottee/s and the common areas to the Association of Allottees or the Allotteescompetent authority, as the case may be;
(x) ix. The Schedule Property Project 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) x. The Promoter 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 respect to the said project Project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of Said Apartment or said Building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee/s and the Association of Allottees or the competent authority, as the case may be;
(xii) xi. 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 10 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee (s) as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Project Land or and 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landland, Building building and [Apartment/Plot] Apartment and common areasareas till the date of handing over of the project to the association of allottes;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] Apartment which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) once the Allotteessame being formed and Registered;
(x) The Schedule Property 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 Land;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the date of submission of Application for completion certificate and physical possession of apartment or the building, as the 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;
(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 propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or the Project;.
(xiii) That the property is not Waqf property.
Appears in 9 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plotplot] and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentthe[Apartment/Plot] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 9 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 Said Land for the Project;:
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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 Such land]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment/ Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 has not entered into any agreement for sale and/or 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;:
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;:
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter has duly paid and shall continue to pay and discharge all governmental governments dues, ratesrate, charges and taxes and other other, monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 9 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment/ Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform perform, any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 9 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/PlotFlat];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Flat and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/PlotFlat] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/PlotFlat] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentthe[Apartment/PlotFlat along with number of car parking space] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Flat 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) property has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 8 contracts
Samples: Sale Agreement, Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 8 contracts
Samples: Agreement for Sale, Agreement for Sale, Draft Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There T here are no encumbrances upon the said Land or the Project; Project [in In case there are any many encumbrances on the land Land provide details of such encumbrances including any rights, title, interest and name of the party in in/or over such land]; The encumbrances are as follows:- the entire land admeasuring about 98.33 acres including any construction (existing as well as future) thereon is encumbered/mortgaged/charged with the X.X Financial Asset Reconstruction Company Limited [formerly known as X.X Financial Asset Reconstruction Company Private Limited] having CIN: U6719MH2007PLC174287, having its registered office at 7th floor, Cnergy, Xxxxxxxxx Xxxxxxx Marg, Prabhadevi, Mumbai-400 025.
(iv) There are no some litigations are pending before any Court of law (District Consumer Forum Barasat, North 24 Pargansa, West Bengal. State Consumer Form Kolkata and National Consumer Forum New Delhi) with respect to the said Land, Project or the [Apartment/Plot];.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Deed of Conveyance the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the AllotteesAllottees or the competent authorities, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, alongwith common areas( equipped with all the specifications, amenities and facilities) has been handed over to the allottees and the association of allottees or the competent authorities , 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property).
Appears in 7 contracts
Samples: Sale Agreement, Conveyance Deed, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter 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, absolute actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; 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];
(iv) There are no litigations pending before any Court court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has promoter gas been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said Land, Building and [Apartment/Plot] Apartment and common areas;
(vi) The Promoter promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby . Whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter 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, Land including the Project and the said [Apartment/Plot] which Apartment Which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter promoter confirms that the Promoter promoter is not restricted in any manner whatsoever from selling the said [Apartment/Apartment/ Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter promoter shall handover lawful, vacant, peaceful, physical possession of the [[ Apartment/Plot] to the Allottee and the common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property 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) The Promoter has duly paid and shall continue to pay and discharge all governmental government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the Competent 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 facilities) has been handed over to the Allottee and the association of Allottee or the competent Authoritiesauthority, 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 promoter in respect of the said Land and/or the land and/ or Project;
(xiii) That the property is not Waqf property.
Appears in 7 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plotplot] and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentthe[Apartment/Plot] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 7 contracts
Samples: Sale Agreement, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be ;
(x) 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) The Promoter 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 respect to the said project to the Competent Authority 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 specifications, amenities and, facilities) has been handed over to the allottee and the association of allottees or the competent Authoritiesauthority, 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 7 contracts
Samples: Agreement for Sale, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment/ Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform perform, any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 6 contracts
Samples: Agreement for Sale, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) i. The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to 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 Project; [Project except those disclosed 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]title report;
(iv) . There are no litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the [Apartment/Plot]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 [Apartmentbuilding/Plot] 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 has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and [ApartmentBuilding/Plot] wing and common areas;
(vi) . The Promoter 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 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 Landproject land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas of the Structure to the Association of the Allottees;
(x) 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) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;
(xii) xi. 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 in respect of the said Land project land and/or the Project;
(xiii) That Project except those disclosed in the property is not Waqf propertytitle report.
Appears in 6 contracts
Samples: Partnership Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to ot the said Land, Project or the [Apartment/Apartment / Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment / Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building building and [Apartment/Apartment / Plot] and common areas;
(vi) The Promoter 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 has not entered into any agreement for sale and/or and / or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Landland, including the Project and the said [Apartment/Apartment / Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Apartment / Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Apartment / Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is property of not the subject matter of any HUF Hindu Undivided Family (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 Property;
(xi) The Promoter 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 respect to the said project to be competent 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 facilities) has been handed over to the allottee and the association of allottees or the competent Authorities;authority, as the case may be; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification Order Notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or land and/ or the Project;
(xiii) That the property is not Waqf property.
Appears in 6 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 promoter has not entered into any agreement for sale and/or sale/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, land including the Project project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;agreement.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to for the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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. 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 6 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, . Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 has not entered into any agreement for sale and/or development development: agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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, 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 (he said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment/ Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform perform, any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Xxxxxxx the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the ProjecttheProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities competentauthorities to carry out development of the ProjecttheProject;
(iii) 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]theProject;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot]theUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building Unit and [Apartment/Plot] and common areascommonareas;
(vi) The Promoter 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(s) created herein, may prejudicially be affectedbeaffected;
(vii) The Promoter 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/Plot] Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this AgreementthisAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Unit to the Allottee Allottee(s) and the common areas to the Association of the AllotteesMaintenance Society;
(x) The Schedule Property is not the subject matter matters 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 PropertyScheduleProperty;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case maybe;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf propertytheProject.
Appears in 4 contracts
Samples: Agreement for Sale, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Subject to disclosure in Schedule “F”, the Promoter hereby represents represent and warrants warrant to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title leasehold right with respect to the said Project Land; the and has requisite rights to carry out development upon the said Project Land and absolute, actual, actual physical and legal possession of the said Project Land for developing the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Project Land or and 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];
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project Land or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and [Apartment/Plot] the Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject and the Plot and the Common Areas, said Land, Building and [Apartment/Plot] and common areasif any;
(vi) The Promoter 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 sub-leasehold interest of the Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale sub-lease and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project Land and the said [Apartment/Plot] Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring by way of sub-lease the said [Apartment/Plot] Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Sub-Lease Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Plot to the Allottee and the common areas Common Areas, if any, to the Association Notified Agency. However, it is hereby clarified that if no such Notified Agency is declared by the Lessor in terms of the AllotteesHead Lease upon completion of the Project, the Promoter shall be fully entitled to handover the Common Areas to the competent authority as per the Act;
(x) The Schedule Property Project Land 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;Project Land.
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, outgoings whatsoever payable with respect to the said project Project to the Authority till Occupancy Certificate or Completion Certificate or such other certificate by whatever name called issued by the competent Authorities;authority under the Act for the Project has been issued and the possession of the Plot along with the Common Area, if any, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Notified Agency, 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 in respect of the said Project Land and/or the Project;.
(xiii) That Notwithstanding the property is fact that the Promoter shall develop, construct, and implement the Township in a phase-wise manner, the Project shall at all times be construed as an independent stand-alone self-contained Project on the Project Land. Further, the Project shall not Waqf propertybe linked or combined with the other phases being/to be developed within the Township, save and except, for integration of the infrastructural facilities for the benefit of allottees. Accordingly, the allottees of the Project shall be entitled to the irrevocable right to use the Shared Common Facilities/ Township Level Common Facilities in common with the lawful owners/occupants of the Township.
Appears in 4 contracts
Samples: Sub Lease Agreement, Sub Lease Agreement, Sub Lease Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Agreement for Sale, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 affectedbeaffected;
(vii) The Promoter promoter has not entered into any agreement for sale and/or sale/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, land including the Project project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;agreement.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to for the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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. 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners has absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There Save and except the overdraft loan facility obtained by the Promoter for construction of the several buildings in the Project and for which the Promoter have mortgaged by deposit of title deeds of the said Land to Axis Bank Ltd, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in 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];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the [Designated Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owners/Promoter 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, Land including the Project and the said [Apartment/Plot] Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owners/Promoter confirms that the Owners/Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Designated Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Designated Apartment to the Allottee and the common areas to the Association association of Allottees upon the Allotteessame being registered or the competent authority as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) which shall be handed over to the association of Allottees when registered 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee’s as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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].
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];Duplex / Row House
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Duplex / Row House are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Duplex / Row House and common areas;
(vi) The Promoter 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’s created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] Duplex / Row House which will, in any manner, affect the rights of Allottee Allottee’s under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Duplex / Row House to the Allottee Allottee’s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Duplex / Row House to the Allottee Allottee’s and the common areas to the Association association of allottee’s or the competent authority, as the case may be; only if the completion certificate has been obtained from the competent authority. The sale deed for the said Duplex / Row House......................shall be executed for the sole purpose of procuring housing loan or to facilitate to take payments from the Allottee’s and the ownership rights and possession of the Allottees;property shall be transferred to the Allottee’s only after full and final payment of the said Duplex
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of Duplex / Row House, plot or building, as the 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; except for the property tax and diversion rent etc., which will be levied on the allottee from the date of registry of the plot in favour of the allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(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 in respect of the said Land and/or the Project, pertaining to the legality of the said project/land;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee ALLOTTEES as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights right to carry out development upon the said Land and absolute, actualactual , physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities Authority to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot]Bungalow;
(viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Bungalow are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Bungalow and common areasareas ;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee ALLOTTEES created herein, may prejudicially be affected;
(viivi) The Promoter 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, Land including the Project and the said [Apartment/Plot] Bungalow which will, in any manner, affect the rights of Allottee ALLOTTEES under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Bungalow to the Allottee ALLOTTEES in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Bungalow to the Allottee ALLOTTEES and the common areas to the Association association of ALLOTTEESs or the Allotteescompetent authority, as the case may be;
(xix) 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;
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of Bungalow, plot or building, as the case may be, along with common areas (equipped with all the specifications amenities and facilities) has been handed over to the ALLOTTEES and the association of ALLOTTEESs 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the plot [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and plot [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and plot [Apartment/Plot] and common areas;
(vi) The Promoter 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 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 plot [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said plot [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the plot [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be ;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of plot, apartment, plot or building, as the case may be, of the 4th Phase of the Project 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; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the plot in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(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 in respect of the said Land and/or the Project;
(xiii) That , pertaining to the property is not Waqf propertylegality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [ApartmentFlat/Plot/Duplex];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [ApartmentFlat/Plot/Duplex] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [ApartmentFlat/Plot/Duplex] and common areas;
(vi) The Promoter 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 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 [ApartmentFlat/Plot/Duplex] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [ApartmentFlat/Plot/Duplex] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [ApartmentFlat/Plot/Duplex] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of plot along with common areas has been handed over to the Allottee and the Association of Allottees and the Conveyance Deed (Sale-Deed) has been registered. From the date of registration of the Sale Deed, the tax liabilities including Property Tax/Annual Diversion Rent etc. shall be paid by the Allottee.
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights right to carry out development upon the said Land and absolute, actualactual , physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities Authority to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Apartment and common areasareas ;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(viivi) The Promoter 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, Land including the Project and the said [Apartment/Plot] which Apartmentwhich will, in any manner, affect the rights of Allottee under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(xix) 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;
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities 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 facilities) has been handed over to the allottee and the association of 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Sale Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, . Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment / Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, . remain to be in compliance with all applicable laws in relation to the Project, said Land, . Building and [Apartment/Plot] and common areas;:
(vi) The Promoter 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 has not entered into any agreement for sale and/or 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;.
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the AllotteesAllottees ;
(x) The Schedule Property is not the subject matter of any HUF FUN 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 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 respect to the said project to the competent Authorities;:
(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 in respect of the said Land and/or the Project;:
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the AllotteesAllottees or the competent authority as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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, aminities 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment/ Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform perform, any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to Allottees or the competent Authoritiesauthority, 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Sale, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner / Promoter hereby represents and warrants to the Allottee / Purchaser as follows:
(i) The [Promoter] Owner / Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land “LAND” and absolute, actual, physical and legal possession of the said Land “LAND” for the Project;
(ii) The Owner / Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are is no encumbrances upon the said Land “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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land“LAND”, Project or the [Unit / Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land “LAND” and [Apartment/Plot] Unit / Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner / Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land“LAND”, Building and [Apartment/Plot] Unit / Apartment and common areasareas till the date of handing over of the project to the association of Allottees / Purchasers;
(vi) The Owner / Promoter 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 / Purchaser created herein, may prejudicially be affected;
(vii) The Owner / Promoter 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/Plot] Unit / Apartment which will, in any manner, affect the rights of Allottee / Purchaser under this Agreement;
(viii) The Owner / Promoter confirms that the Owner / Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Unit / Apartment to the Allottee / Purchaser in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Owner / Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Unit / Apartment to the Allottee / Purchaser and the common areas to the Association association of Allottee / Purchaser once the Allotteessame being formed and Registered;
(x) 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 Propertysaid “LAND”;
(xi) The Owner / Promoter 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 respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued irrespective of possession of apartment along with common areas (equipped with all the specifications, amenities and. facilities) has been handed over to the Allottee / Purchaser and the association of Allottees / Purchasers or not;
(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 Owner / Promoter in respect of the said Land “LAND” and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be ;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, of the Phase of the Project 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; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the apartment in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(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 in respect of the said Land and/or the Project;
(xiii) That , pertaining to the property is not Waqf propertylegality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the plot [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and plot [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and plot [Apartment/Plot] and common areas;
(vi) The Promoter 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 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 plot [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said plot [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the plot [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be ;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of plot, apartment, plot or building, as the case may be, of the Project 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; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the plot in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(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 in respect of the said Land and/or the Project;
(xiii) That , pertaining to the property is not Waqf propertylegality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights right to carry out development upon the said Land and absolute, actualactual , physical plysical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities Authority to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Apartment and common areasareas ;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(viivi) The Promoter 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, Land including the Project and the said [Apartment/Plot] Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(xix) 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;
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities 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 facilities) has been handed over to the allottee and the association of 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of developmentof the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :-
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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].
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Apartment]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter/ Landowners 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/PlotFlat];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plotflat] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plotflat] and common areas;
(vi) The Promoter 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 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/Plotflat] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to flat]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plotflat] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property. Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default, in the following events:
(i) Promoter fails to provide ready to move in possession of the [Apartment/flat] to the Allottee within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment shall be in a habitable condition which is complete in all respects;
(ii) Discontinuance of the Promoter's business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made there under. In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following:
(i) Stop making further payments to Promoter as demanded by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or
(ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate specified in the Rules within forty-five days of receiving the termination notice: Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the promoter, interest at the rate specified in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Flat]. The Allottee shall be considered under a condition of Default, on the occurrence of the following events:
(i) In case the Allottee fails to make payments for two consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rules.
(ii) In case of Default by Allottee under the condition listed above continues for a period beyond consecutive months after notice from the Promoter in this regard, the Promoter shall cancel the allotment of the [Apartment/ Flat] in favour of the Allottee and refund the amount money paid to him by the allottee by deducting the booking amount and the interest liabilities and this Agreement shall thereupon stand terminated.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter promoter and/or Owners hereby represents represent/s and warrants warrant/s to the Allottee Allottee(s) as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; The Promoter has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the said Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the said Project;
(iii) There Save what has been disclosed herein, there are no other encumbrances upon the said Said Land or the Project; [in case there are any encumbrances Project as on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Effective Date;
(iv) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the said Project, said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the said Project, said Land, Building Blocks/Towers and [Apartment/Plot] apartment and common areasthe Common Areas;
(vi) The Promoter 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(s) created herein, may be prejudicially be affected;
(vii) The Owners/Promoter have/has not entered into any agreement for sale and/or development agreement or any other agreement/and arrangement with any person or party with respect to the said Land, including the Project and the said [Apartment/Plot] Apartment which will, in any manner, affect the rights of Allottee the Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee Allottee(s) and the common areas Common Amenities & Facilities of the said Project to the Association association of Allottees or the competent authority, as the case may be, after the completion of the Allotteesentire project;
(x) The Schedule Property said Land 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 Propertysaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages damage and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate of the said Project has been issued and possession of apartment or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local local, body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Owners/Promoter in respect of the said Land and/or the said Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, ,physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinancegovernmentordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Allotment of Apartment, Deed of Assignment, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has shall have 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law Law or Authority with respect to the said Land, . Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, shall at all times, times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, herein may prejudicially be affected;
(vii) The Promoter 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, Land including the Project and the said [Apartment/Plot] which will, will in any manner, manner affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in law’s relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the Competent Authority 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 specifications, amenities and, facilities) has been handed over to the allottee and the association of allottees or the competent Authoritiesauthority, 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land on the requisite rights to carry out development upon basis of the said Land devolution of title mentioned in Schedule-I hereto and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on Project created by the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Promoter;
(iv) There are no litigations pending against the Promoter before any Court of law or Authority with respect to the said Land, Project or the [said Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities Corporation with respect to the Project, said Land and [Apartment/Plot] the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] the said Apartment and common areasCommon Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest right of the Allottee created herein, may prejudicially be affected;.
(vii) The Promoter 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, Land including the Project and the said [Apartment/Plot] Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the [Apartment/Plot] said Apartment to the Allottee and the common areas to the Association association of the Allottees;
(x) The Schedule Property said Apartment 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 Propertysaid Apartment;
(xi) The Promoter 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 respect to the said project Premises to the competent AuthoritiesCorporation till the Completion Certificate is issued;
(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 propertyApartment) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry tocarry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for Landfor the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of developmentof the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartmentthe[Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Xxxxxxx [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. .Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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 [Apartmentsaid[Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartmentsaid[Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, ,physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the AllotteestheAllottees;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or minorand/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, ,whatsoever, payable with respect to the said project to the competent Authorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinancegovernmentordinance, order, notification (including any notice for acquisition or requisition of the said property) has been hasbeen received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, ,physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinancegovernmentordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and/or Owners hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; Project Land and the Phase Land and the Promoter has the requisite rights to carry out development upon the said Project Land and Phase Land and has absolute, actual, physical and legal possession of the said Project Land and the Phase Land for the said Phase of the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the said Phase of the Project;
(iii) There are no encumbrances upon the said Land or Project Land, and/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]
(iv) It is also made known to the Allottee that the Promoter has taken or intends to take a loan from bank(s)/financial institution(s) against security of the Said Project Land and the construction having already been made and/or being made. The Promoter shall cause the said bank(s)/financial institution(s), if necessary, to issue no objection letter in favour of the Allottee to enable the Allottee to take loan from any bank or financial institution for financing the purchase of the Apartment and the Promoter further undertake that the Promoter shall cause the said bank(s)/financial institution(s) to release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the Apartment in favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances;
(v) There are no litigations pending before any Court court of law or authority with respect to the said Project Land, /Project or the [Apartment/Plot];
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the said Phase I of the Project, said Project Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Project Land, Building buildings and [Apartment/Plot] apartment and common areasthe Common Areas;
(vivii) The Promoter 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 be prejudicially be affected;
(viiviii) The Promoter 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 Project Land, including the Project said Phase and the said [Apartment/Plot] Apartment which will, in any manner, affect the rights of the Allottee under this Agreement;
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ixx) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of allottees or the Allottees;competent authority, as the case may be, after the completion of the entire Project.
(xxi) The Schedule Property said Apartment 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 Propertysaid Apartment;
(xixii) The Promoter 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 respect to the said project Phase I to the competent Authorities;authorities till the completion certificate of the Phase has been issued and possession of apartment or building, as the case may be, along with phase I 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.
(xiixiii) No notice from the Government or any other local local, body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf propertyProject Land.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] the Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Said Land and has the absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) The the Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There there are no encumbrances upon the said 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];
(iv) There there are no litigations pending before any Court court of law or Authority with respect to the said Said Land, Project or the [Apartment/Plot];
(v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, said Said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws the Applicable Laws in relation to the Project, said Said Land, Building Building, Apartment and [Apartment/Plot] and common areasCommon Areas;
(vi) The the Promoter 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 the Promoter 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 Said Land, including the Project and the said [Apartment/Plot] Apartment which will, in any manner, affect the rights of the Allottee under this Agreement;
(viii) The the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling leasing the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At at the time of execution of the conveyance deed Lease Deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee and the common areas Common Areas to the Association of or the Allotteescompetent authority as the case may be;
(x) The Schedule Property the Said Land 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 PropertySaid Land;
(xi) The the Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate or the occupancy certificate, as the case may be, has been issued and possession of Apartment, along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority as the case may be;
(xii) No no notice from the Government 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 propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land on the requisite rights to carry out development upon basis of the said Land devolution of title mentioned in Schedule-I hereto and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on Project created by the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Promoter;
(iv) There are no litigations pending against the Promoter before any Court of law or Authority with respect to the said Land, Project or the [said Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities Corporation with respect to the Project, said Land and [Apartment/Plot] the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] the said Apartment and common areasCommon Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest right of the Allottee created herein, may prejudicially be affected;.
(vii) The Promoter 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, Land including the Project and the said [Apartment/Plot] Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the [Apartment/Plot] said Apartment to the Allottee and the common areas to the Association association of the Allottees;
(x) The Schedule Property said Apartment 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 Propertysaid Apartment;
(xi) The Promoter 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 respect to the said project Premises to the competent AuthoritiesCorporation till the Completion Certificate is issued and possession of the said Apartment, along with common areas (equipped with all the specifications, amenities and facilities) has been offered for handing over to the Allottee and the association of Allottees;
(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 propertyApartment) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry tocarry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for Landfor the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of developmentof the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartmentthe[Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Landand [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. .Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter 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 [Apartmentsaid[Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartmentsaid[Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, ,physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the AllotteestheAllottees;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or minorand/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, ,whatsoever, payable with respect to the said project to the competent Authorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinancegovernmentordinance, order, notification (including any notice for acquisition or requisition of the said property) has been hasbeen received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Project Land; /Scheduled Land and the requisite rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said Project Land for the Said Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Said Project;.
(iii) There Except those mentioned in this Agreement, there are no encumbrances upon the said Project Land or the Said 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].
(iv) There are no litigations pending before any Court of law with respect to the said Project Land, Said Project or the [Apartment/Plot];said Unit.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, said Project Land and [Apartment/Plot] said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws the Applicable Laws in relation to the Said Project, said Land, Building Unit and [Apartment/Plot] Common Areas and common areas;Facilities of the Said Project and Common Areas and Facilities of Whole Project.
(vi) The Promoter 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(s) created herein, may prejudicially be affected;.
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement or arrangement with any person or party with respect to the said Project Land, including the Said Project and the said [Apartment/Plot] Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement;.
(ix) At the time of execution registration of the conveyance deed Conveyance Deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Unit to the Allottee Allottee(s) and the common areas Common Areas and Facilities of the Said Project to the Association of the Allottees;Maintenance Association.
(x) The Schedule Property Project Land is not the subject matter matters 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 Property;Project Land.
(xi) The Promoter 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 respect to the Said Project (except the taxes mentioned in Clause 7.7 which shall be paid according to the said project Clause) to the competent Authorities;authorities till Completion Certificate has been issued and possession of the Unit along with Common Area (equipped with all specifications, amenities and facilities) has been offered to the Allottee(s) and Maintenance Association, respectively.
(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 in respect of the said Project Land and/or the Said Project;.
(xiii) That The Promoter shall not be responsible towards any third party making payments, remittances on behalf of any Allottee(s) and such third party shall not have any right in this Agreement, in any way and Promoter shall issue the property is not Waqf propertypayment receipts in favour of the Allottee(s) only.
Appears in 2 contracts
Samples: Allotment Letter, Allotment Letter
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/PlotUNIT];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/PlotUnit] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/PlotUNIT] and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/PlotUNIT] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/PlotUNIT] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentthe[Apartment/PlotUNIT] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ UNIT 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [ApartmentDuplex/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [ApartmentDuplex/Plot] Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [ApartmentLand Duplex/Plot] Plot and common areas;
(vi) The Promoter 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 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 [ApartmentDuplex/Plot] Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [ApartmentDuplex/Plot] Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [ApartmentDuplex/Plot] Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to ot the said Land, Project or the [Apartment/Apartment / Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment / Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building building and [Apartment/Apartment / Plot] and common areas;
(vi) The Promoter 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 has not entered into any agreement for sale and/or and / or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Landland, including the Project and the said [Apartment/Apartment / Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Apartment / Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Apartment / Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is property of 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 Property;
(xi) The Promoter 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 respect to the said project to be competent 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 facilities) has been handed over to the allottee and the association of allottees or the competent Authoritiesauthority, 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, order notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or land and/ or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject except as described in Para 18 hereinafter; [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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Apartment and common areas;
(vi) The Promoter 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 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/Plot] Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Owners has absolute, clear and marketable title with respect to the said Land; Land and 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 Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(iii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iiiiv) 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];
(ivv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landland, Building building and [Apartment/Plot] Flat and common areas;
(vivii) The Promoter 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(s) created herein, may prejudicially be affected;
(viiviii) The Promoter 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/Plot] Flat which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ixx) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Flat to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) or the AllotteesCompetent Authority as the case may be Maintenance Society;
(xxi) The Schedule Property 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 said Property;
(xixii) The Promoter 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 respect to the said project land to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/Flat or building, as the 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;
(xiixiii) 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] the Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Said Land and has the absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) The the Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There there are no encumbrances upon the said 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];
(iv) There there are no litigations pending before any Court court of law or Authority with respect to the said Said Land, Project or the [Apartment/Plot];
(v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, said Said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws the Applicable Laws in relation to the Project, said Said Land, Building Building, Apartment and [Apartment/Plot] and common areasCommon Areas;
(vi) The the Promoter 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 the Promoter has not entered into any agreement for sale and/or lease/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said [Apartment/Plot] Apartment which will, in any manner, affect the rights of the Allottee under this Agreement;
(viii) The the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling causing lease of the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At at the time of execution of the conveyance deed Lease Deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee and the common areas Common Areas to the Association of or the Allotteescompetent authority as the case may be;
(x) The Schedule Property the Said Land 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 PropertySaid Land;
(xi) The the Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate or the occupancy certificate, as the case may be, has been issued;
(xii) No no notice from the Government 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 propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or the Project;.
(xiii) That the property Said Land is not a Waqf property.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter Promoter/owner hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has Promoters have absolute, clear and marketable title with respect to the said LandProject Property; the requisite authority and 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Real Estate Project;.
(iii) 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].
(iv) It is also made known to the Allottee that the Promoter has taken or intends to take a loan from bank(s)/financial institution(s) against security of the Said Land and the construction having already been made and/or being made. The Promoter shall cause the said bank(s)/financial institution(s), if necessary, to issue no objection letter in favour of the Allottee to enable the Allottee to take loan from any bank or financial institution for financing the purchase of the Apartment and the Promoter further undertake that the Promoter shall cause the said bank(s)/financial institution(s) to release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the Apartment in favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances.
(v) There are no litigations litigation pending before any Court court of law or Authority with respect to the said Land, Project or Projector the [Apartment/Plot];.
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land the Project Property and [Apartment/Plot] the Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Real Estate Project, said Landthe Project Property, the Said Apartment, the Said Block/Building and [Apartment/Plot] and common areas;Common Area of Real Estate Project.
(vivii) The Promoter 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;.
(viiviii) The Promoter has not entered into any agreement for sale 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/Plot] Said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Said Apartment to the Allottee in the manner contemplated in this Agreement;
(ixx) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Said Apartment to the Allottee and the common areas Common Areas to the Association holding organisation of Allottees or the competent authority, as the case may be after the completion of the Allotteeswhole Project;
(xxi) 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 PropertyApartment after the completion of the Project;
(xixii) The Promoter 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 respect to the said project Project to the competent AuthoritiesAuthorities till the completion certificate has been issued and irrespective of possession of apartment along with Common Areas of the Real Estate Project (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the holding organisation of Allottees or the competent authority, as the case may be;
(xiixiii) 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 in respect of the said Land Project Property and/or the Real Estate Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 possessionof the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development outdevelopment of the Project;
(iii) 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 rightsanyrights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any performany act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affectedbeaffected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee under this AgreementthisAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the sellingthe said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 propertysaidproperty) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottees as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said LandProject Property; the requisite authority and 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 has lawful rights and requisite approvals from the competent Authorities to 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 save and except as expressly disclosed in case there are any encumbrances on the land provide details Form B Declaration uploaded in the Website of such encumbrances including any rights, title, interest and name of party in or over such land]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/Plot]Real Estate Project, save and except as expressly disclosed in the Form B 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/Plot] the Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Real Estate Project, said Landthe Project Property, the Said Apartment, the Said Block/Building and [Apartment/Plot] and common areasCommon Areas of the Real Estate Project till the date of handing over of the Real Estate Project to the association of allottees;
(vi) The Promoter 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 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/Plot] Said Apartment which will, in any manner, affect the rights of Allottee Allottees under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Said Apartment to the Allottee Allottees in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Said Apartment to the Allottee Allottees and the common areas Common Areas of the Real Estate Project to the Association association of allottees, upon the Allotteessame 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 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 respect to the said project Project to the competent AuthoritiesAuthorities till the completion certificate has been issued and irrespective of possession of apartment along with Common Areas of the Real Estate Project (equipped with all the specifications, amenities and. facilities) has been handed over to the allottee and the association of allottees or not;
(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 in respect of the said Land Project Property and/or the Real Estate Project;.
(xiii) That the property Project Property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;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 facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; except for the property tax and diversion rent etc., which will be levied on the allottee from the date of registry of the plot in favour of the allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Subject to disclosure in Schedule “F”, the Promoter hereby represents represent and warrants warrant to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title leasehold right with respect to the said Project Land; the and has requisite rights to carry out development upon the said Project Land and absolute, actual, actual physical and legal possession of the said Project Land for developing the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Project Land or and 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];
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or Landor the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and [Apartment/Plot] the Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject and the Plot and the Common Areas, said Land, Building and [Apartment/Plot] and common areasif any;
(vi) The Promoter 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 sub-leasehold interest of the Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale sub-lease and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project Land and the said [Apartment/Plot] Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring by way of sub-lease the said [Apartment/Plot] Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Sub-Lease Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Plot to the Allottee and the common areas Common Areas, if any, to the Association Notified Agency. However, it is hereby clarified that if no such Notified Agency is declared by the Lessor in terms of the AllotteesHead Lease upon completion of the Project, the Promoter shall be fully entitled to handover the Common Areas to the competent authority under the Act;
(x) The Schedule Property Project Land 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;Project Land.
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, outgoings whatsoever payable with respect to the said project Project to the Authority till Occupancy Certificate or Completion Certificate or such other certificate by whatever name called issued by the competent Authorities;authority under the Act for the Project has been issued and the possession of the Plot along with the Common Area, if any, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Notified Agency, 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 in respect of the said Project Land and/or the Project;.
(xiii) That Notwithstanding the property is fact that the Promoter shall develop, construct, and implement the Township in a phase-wise manner, the Project shall at all times be construed as an independent stand-alone self-contained Project on the Project Land. Further, the Project shall not Waqf propertybe linked or combined with the other phases being/to be developed within the Township, save and except, for integration of the infrastructural facilities for the benefit of allottees. Accordingly, the allottees of the Project shall be entitled to the irrevocable right to use the Shared Common Facilities/ Township Level Common Facilities in common with the lawful owners/occupants of the Township.
Appears in 2 contracts
Samples: Sub Lease Agreement, Sub Lease Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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;; (In case the Promoter is not owner of the Land, give details of collaboration with such owner)
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in (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])
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];Unit; (In case litigation, give details)
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Unit and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Unit to the Allottee Allottee(s) and the common areas to the Association of the AllotteesMaintenance Society;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:;
(i) The [Promoter] Landowner/Promoter 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 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, Land including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property...
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Apartment/ Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Apartment/ Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Apartment/ Plot] and common areas;
(vi) The Promoter 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 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/Apartment/ Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Apartment/ Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Apartment/ Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plotplot] and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentthe[Apartment/Plot] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights right to carry out development upon the said Land and absolute, actualactual , physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities Authority to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Apartment and common areasareas ;
(viv) The owner/Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(viivi) The Promoter Owner 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, Land including the Project and the said [Apartment/Plot] which Apartmentwhich will, in any manner, affect the rights of Allottee under this Agreement;
(viiivii) The owner/Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Apartment to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(xix) 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;
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities 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 facilities) has been handed over to the allottee and the association of 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollow:
(i) i. The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) . 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]
(iv) . There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) . The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) x. 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) . The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) . That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and/or Owner hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Owner has absolute, clear and marketable title with respect to the said Land; Said Premises and the Promoter has the requisite rights to carry out development upon the said Land Said Premises and has absolute, actual, physical and legal possession of the said Land Said Premises for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Land, and/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];
(iv) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to of the Project, said Land Xxxx Xxxxxxxx and [Apartment/Plot] Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said LandSaid Premises, Building buildings and [Apartment/Plot] apartment and common areasthe Common Areas;
(vi) The Promoter 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;or
(vii) The Promoter & the Owner 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;and/or
(viii) The Promoter & the Owner confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;any
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) The Schedule Property said Apartment 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.is
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absoluteabsolute Lease holder , 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no Legal restrictions which restrict / stop / hinder for Construction litigations pending before any Court of law or Authority with respect to the said Land, Land / Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot and common areas;
(vi) The Promoter 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 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/Plot] Residential / Non Residential / Building / Apartment / Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges charges, and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and or physical possession of apartment, plot or building, as the 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the flat [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [flat [ Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [flat [ Apartment/Plot] and common areas;
(vi) The Promoter 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 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 flat [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said flat [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [flat [ Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be ;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of flat, apartment, plot or building, as the case may be, of the 2nd Phase of the Project 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; e xcept for the property tax and diversion rent etc., which will 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 in respect of the said Land and/or the Project;
(xiii) That , pertaining to the property is not Waqf propertylegality of the said project/land; m arket the units of the said project/land.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/PlotFlat],;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/PlotFlat] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Apartment and common areas;
(vi) The Promoter 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 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/PlotFlat] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartmentsaid[Apartment/Plot] to Flat]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/PlotFlat] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) 1. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) 2. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) 3. There are no litigations pending before any Court of law or Authority with respect to the said Said Land, Project or the [Apartment/Plot]Project;
(v) 4. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project and Said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Clover Villa and common areas;
(vi) 5. The Promoter 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) 6. The Promoter 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/Plot] Villa which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) 7. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Said Villa to the Allottee in the manner contemplated in this Agreement;
(ix) 8. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Said Villa to the Allottee and the common areas to the Association of allottees or the Allotteescompetent authority, as the case may be;
(x) 9. The Schedule Property Project 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. The Promoter 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 respect to the said project Project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of Said Villa or said Clover Villa, as the 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 owners or the competent authority, as the case may be;
(xii) 11. 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [ApartmentPlot/Plot]Shop/Flat;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [ApartmentPlot/Plot] Shop/Flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [ApartmentPlot/Plot] Shop/Flat and common areas;
(vi) The Promoter 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 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 [ApartmentPlot/Plot] Shop/Flat which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [ApartmentPlot/Plot] Shop/Flat to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [ApartmentPlot/Plot] Shop/Flat to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, Plot/Shop/Flat or building, as the 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to o the Project, said Land and [Apartment/Plot] Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Plot and common areas;
(vi) The Promoter 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 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/Plot] Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby where by the right, title and interest of the Allottee created herein, ,may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or 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/Plot] Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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 Propertyminorand/ornominorhasanyright,titleandclaimovertheScheduleProperty;
(xi) The Promoter 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 respect to the said project to the competent Authorities;
(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 in respect of the said Land and/or 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. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] and common areas;
(vi) The Promoter 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 has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement agreement /arrangement with any person or party with respect to the said Land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of plot along with common areas has been handed over to the Allottee and the Association of Allottees and the Conveyance Deed (Sale-Deed) has been registered. From the date of registration of the Sale Deed, the tax liabilities including Property Tax/Annual Diversion Rent etc. shall be paid by the Allottee.
(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 in respect of the said Land 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. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartmentplot/duplex[Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartmentplot/duplex[Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartmentplot/duplex[Apartment/Plot] and common areas;
(vi) The Promoter 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 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 [Apartmentplot/Plot] which duplex[Apartment/Plot]which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartmentplot/Plot] to duplex[Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartmentplot/duplex[Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of plot/duplex, apartment, plot or building, as the case may be, of the Projectalong 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; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the plot/duplex in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(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 in respect of the said Land and/or the Project;
(xiii) That , pertaining to the property is not Waqf propertylegality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) 16.1 The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Scheduled Land and the requisite rights to carry out development upon the said Scheduled Land and absolute, actual, physical and legal possession of the said Scheduled Land for the Said Project;.
(ii) 16.2 The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Said Project;.
(iii) There 16.3 Except those mentioned in this Agreement, there are no encumbrances upon the said Scheduled Land or the Said 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].
(iv) 16.4 There are no litigations pending before any Court of law with respect to the said Scheduled Land, Said Project or the [Apartment/Plot];Unit.
(v) 16.5 All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, said Scheduled Land and [Apartment/Plot] Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Said Project, said Land, Building Unit and [Apartment/Plot] Common Areas and common areas;Facilities of the Said Project.
(vi) 16.6 The Promoter 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(s) created herein, may prejudicially be affected;.
(vii) 16.7 The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement or arrangement with any person or party with respect to the said Scheduled Land, including the Said Project and the said [Apartment/Plot] Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;.
(viii) 16.8 The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement;.
(ix) 16.9 At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Unit to the Allottee Allottee(s) and the common areas Common Areas and Facilities of the Said Project to the Association of the Allottees;Owners Association.
(x) 16.10 The Schedule Property Developable Land is not the subject matter matters 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 Property;Developable Land.
(xi) 16.11 The Promoter 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 respect to the said project Said Project to the competent Authorities;Competent Authorities till Completion Certificate has been issued and possession of the Unit along with Common Area (equipped with all specifications, amenities and facilities) has been handed over to the Allottee(s) and Owners Association.
(xii) 16.12 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 in respect of the said Scheduled Land and/or the Said Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Owner has absolute, clear and marketable title with respect to the said Land; Land and 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 Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owner in respect of the said Premises. The Allottee(s) shall not be entitled to and not to raise any objection and/or make any query with regard thereto.
(iii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iiiiv) 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];
(ivv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];.
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landland, Building building and [Apartment/Plot] Flat and common areas;
(vivii) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment/ Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Flat to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) or the AllotteesCompetent Authority as the case may be Maintenance Society;
(x) The Schedule Property 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 said Property;
(xi) The Promoter 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 respect to the said project land to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/Flat or building, as the 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;
(xii) No notice from the Government or any other local local, body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyproject land) has been received by or served upon the Promoter in respect of the said Said Land and/or the Project;
(xiii) That the property is not Waqf propertyProject Land.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the house [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and house [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and house [Apartment/Plot] and common areas;
(vi) The Promoter 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 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 house [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said house [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the house [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be ;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of house, apartment, plot or building, as the case may be, of the 1st Phase of the Project 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; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the house in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(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 in respect of the said Land and/or the Project, pertaining to the legality of the said project/land;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:follows:-
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) 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];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/PlotOffice Space/ Commercial Space];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/PlotOffice Space/ Commercial Space] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/PlotOffice Space/ Commercial Space] and common areas;
(vi) The Promoter 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(s) created herein, may prejudicially be affected;
(vii) The Promoter 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/PlotOffice Space/ Commercial Space] which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/PlotOffice Space/ Commercial Space] to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plotthe[Office Space/ Commercial Space] to the Allottee Allottee(s) and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters 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 Property;
(xi) The Promoter 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 respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Office Space/ Commercial Space 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 in respect of the said Land 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. The Promoter hereby represents and warrants Warrants to the Allottee Allottee/s as follows:
(i) 8.1. The [Promoter] Owner has absolute, clear and marketable title with respect to the said Land; Phase I land and has the requisite rights to carry out development upon the said Land and absolute, also has actual, physical and legal possession of the said Land same for the Projectimplementation of the Said Sub- Phase I Project which it has empowered and assigned to unto the Promoter vide the Development Agreement as stated hereinbefore;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) 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]
(iv) There are no litigations pending before any Court of law with respect to the said Land, Project or the [Apartment/Plot];
(v) 8.2. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Plot] Said Sub- Phase I Project 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 Said Sub- Phase I Project, shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws Applicable Laws in relation to the Said Sub- Phase I Project, said Land, Building and [Apartment/Plot] and common areas;.
(vi) 8.3. The Promoter 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/s created herein, may prejudicially be affected;.
(vii) The Promoter 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) 8.4. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Apartment to the Allottee Allottee/s in the manner contemplated in this Agreement;.
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] to the Allottee and the common areas to the Association of the Allottees;
(x) 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) The Promoter 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 respect to the said project to the competent Authorities;
(xii) 8.5. 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 propertyrequisition) has been received by or served upon the Promoter in respect of the said Said Sub- Phase I Project Land and/or the Said Sub- Phase I Project;.
(xiii) That 8.6. The Promoter shall obtain all such insurances in respect of the property is not Waqf property.Said Sub- Phase I Project, as may be required under the Applicable Laws
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as Allottee(s)as follows:
(i) 8.1. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Scheduled Land; /project land and the requisite rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said Project Land for the Said Project;.
(ii) 8.2. The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Said Project;.
(iii) There 8.3. Except those mentioned in this Agreement, there are no encumbrances upon the said Project Land or the Said 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].
(iv) 8.4. There are no litigations pending before any Court of law with respect to the said Project Land, Said Project or the [Apartment/Plot];Unit.
(v) All approvals8.5. Allapprovals, licenses and permits issued by the competent authorities with respect to the Said Project, said Scheduled Land and [Apartment/Plot] Unit are valid and subsisting and have been obtained by following due followingdue process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Said Project, Unit and Common Areas and Facilities of said Land, Building and [Apartment/Plot] and common areas;Project.
(vi) 8.6. The Promoter 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 Allottee(s)created herein, may prejudicially be affected;.
(vii) 8.7. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement or arrangement with any person or party with respect to the said Project Land, including the Said Project and the said [Apartment/Plot] Unit which will, in any manner, affect the rights of Allottee under Allottee(s)under this Agreement;. Authorised Signatory
(viii) 8.8. The Promoter confirms that the Promoter is IS not restricted in any many manner whatsoever from selling the said [Apartment/Plot] Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement;AgreemeJ;lt.
(ix) 8.9. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Unit to the Allottee and the common areas to the Association of the Allottees;Allottee(s).
(x) 8.10. The Schedule Property Project Land is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and for no minor has any right, title and claim over the Schedule Property;Project Land.
(xi) 8.11. The Promoter 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 andf or penalties and other outgoings, whatsoever, payable with respect to the said project Said Project to the competent Authorities;Competent Authorities till Completion Certificate has been issued and possession of the Unit along with Common Area (equipped with all specifications, amenities and facilities) has been handed over to the Allottee(s)and Owners Association.
(xii) 8.12. 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 in respect of the said Project Land and/or andf or the Said Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no isno encumbrances upon the said Land or the Project; [in In case there are 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]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Duplex/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/Duplex/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/Plot] Plot and common areas;
(vi) The Promoter 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 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot] Plot to the Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/Plot] Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(xix) 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;
(xix) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of plot has been offered to the allottee;
(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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Allotment Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances Land has encumbrance upon the said Land or the Project; [in case there are any encumbrances There is Term Loan of 4,35,27,823.00 for 5 years on the land provide details Land from PNB Housing Finance Ltd. Indore as on today, flexible rate of such encumbrances including any rights, title, interest and name of party in or over such land]intrest payable is 9.7 % .
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/PlotShop];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment/PlotShop] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and [Apartment/PlotShop] and common areas;
(vi) The Promoter 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 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/PlotShop] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/PlotShop] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment/PlotShop] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be;
(x) 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) The Promoter 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 respect to the said project to the competent AuthoritiesAuthorities 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 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 in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement