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

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Owner has absolute, actual, physical and legal pos- session of the said Land with license to the Promoter 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) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- ther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted or omitted to perform any act or thing whereby the right, title and in- terest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees upon the same 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, im- positions, premiums, damages and/or penalties and other outgoings, what- soever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 re- ceived by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee Allottees as follows: (i) The Owners Transferors have absolute, clear and marketable title with respect to the said LandProject Property; the Promoter has requisite authority and rights to carry out development upon the said Land Project Property and the Owner has absolute, actual, physical and legal pos- session possession of the said Land with license to Project Property for the Promoter to carry out the Project thereon;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) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated Apartment Project Property or the Real Estate Project save and appertaining share in said Land or except as expressly disclosed in the Project;Form A Declaration uploaded in the Website of the Authority: (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Land, Project Property or the Designated ApartmentReal Estate Project, save and except as expressly disclosed in the Form A Declaration uploaded in the Website of the Authority; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land the Project Property and Designated the Said Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the Owners/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 Designated Apartment 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 com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee Allottees created herein, may prejudicially be affected; (vii) The Owners/Promoter have has not entered into any agreement for sale 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 Designated Said Apartment which will, in any manner, affect the rights of Allottee Allottees under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Said Apartment to the Allottee Allottees in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, deed the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Said Apartment to the Allottee Allottees and the common areas Common Areas of the Real Estate Project to the association of Allot- tees Allottees, upon the same being registered or the competent authority as the case may beformed 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take irrespective of possession of the designated apart- ment apartment along with use Common Areas of common areas the Real Estate Project (equipped with all the specifications, amenities and and. facilities) which shall be has been handed over to the Allottees and the association of Allottees when registered or the competent authority, as the case may benot; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Property) has been re- ceived received by or served upon the Promoter in respect of the said Land Project Property and/or the Real Estate Project.

Appears in 1 contract

Samples: Partnership Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The Owners have Owner has 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 Owner has absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except the construction finance from NBFC M/s for construction of the Project by mortgaging the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated ApartmentApartment save and except suit/legal proceeding which are dealt in clause 24 of Schedule A-2 below; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the OwnersOwner/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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The OwnersSave and except the said Development Agreement, the Owner/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The OwnersOwner/Promoter confirms that the OwnersOwner/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees allottees upon the same being registered or the competent authority as the case may be; (x) The Schedule Property is not the subject matter of any HUF (Hindu Undivided Family) 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Competent Authorities till the completion certificate Completion Certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee Allottee to take possession of the designated apart- ment 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 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Owner has Owners have absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except Except for the construction finance from NBFC for construction of the Project by mortgaging the said Land and the constructionExisting Mortgage, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The OwnersOwner/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The OwnersOwner/Promoter confirms that the OwnersOwner/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees Allottees upon the same 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion Completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Owner has Owners have absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except the construction finance from NBFC {HDFC Limited or others} for construction of the Project by mortgaging the said Land/Project Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees Allottees upon the same 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The Owners have absolute, clear and marketable title with respect to the said LandProject Property; the Promoter has requisite authority and rights to carry out development upon the said Land Project Property and the Owner has absolute, actual, physical and legal pos- session possession of the said Land with license to Project Property for the Promoter to carry out the Project thereon;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) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated Apartment Project Property or the Real Estate Project save and appertaining share in said Land or except as expressly disclosed in the Project;Form A Declaration uploaded in the Website of the Authority: (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Land, Project Property or the Designated ApartmentReal Estate Project, save and except as expressly disclosed in the Form A Declaration uploaded in the Website of the Authority; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land the Project Property and Designated Apartment the Said Bungalow are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the Owners/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, Building the Said Bungalow, the Said Block and Designated Apartment 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 com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment Said Bungalow which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment Said Bungalow to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, deed the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Apartment Said Bungalow to the Allottee and the common areas Common Areas of the Real Estate Project to the association of Allot- tees allottees, upon the same being registered or the competent authority as the case may beformed and registered; (x) The Schedule Property Said Bungalow 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 Bungalow; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take irrespective of possession of the designated apart- ment Bungalow along with use Common Areas of common areas the Real Estate Project (equipped with all the specifications, amenities and and. facilities) which shall be has been handed over to the allottee and the association of Allottees when registered allottees or the competent authority, as the case may benot; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Property) has been re- ceived received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Owners and/or the Promoter hereby respectively represents represent and warrants to the Allottee Allottee(s) as follows: (i) The Owners have absolute, clear and marketable title with respect to the said Land; the Promoter and Xxxxxxxx has requisite rights to carry out development upon the said Land and the Owner has absolute, actual, actual physical and legal pos- session possession of the said Land with license to for developing the Promoter to carry out the Project thereonProject; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated Apartment Land and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Land, Project or Landor the Designated ApartmentSaid Apartment And Properties Appurtenant Thereto; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and Designated the Said Apartment And Properties Appurtenant Thereto are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject and the Said Apartment And Properties Appurtenant Thereto and the Common Areas, said Land, Building and Designated Apartment and common areasif any; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee Allottee(s) agreed to be created herein, may prejudicially be affected; (vii) The Save and the except the agreement between the Owners and the Promoter, the Owners/Promoter have 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 Designated Said Apartment And Properties Appurtenant Thereto which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are not restricted in any manner whatsoever from selling the said Designated Said Apartment And Properties Appurtenant Thereto to the Allottee Allottee(s) in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deedConveyance Deed, the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Said Apartment And Properties Appurtenant Thereto to the Allottee Allottee(s) and the common areas Common Areas, Amenities and Facilities of the Project to the association Association of Allot- tees upon the same being registered Allottee(s) or the competent authority authority, as the case may be, after the completion of the Project; (x) The Schedule Property 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;Said Land. (xi) The Owners/Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, im- positions, premiumsimpositions, damages and/or penalties and other outgoings, what- soever, 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 till authority under the completion certificate Act for the Project has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment Apartment along with use of common areas the Common Area, (equipped with all the specifications, amenities and facilities) which shall be has been handed over to the association Allottee(s) and the Association of Allottees when registered the Allottee(s) or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been re- ceived received by or served upon the Owners/Promoter in respect of the said Land and/or the Project; (xiii) That the Property is not a Wakf Property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The Owners alongwith the Promoter 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 Owner has Owners alongwith the Promoter have absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except the First Partition Suit and the Second Partition Suit mentioned in the Chain of Title below and the construction finance from NBFC HDFC Limited for construction of the Project by mortgaging the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There Save and except the First Partition Suit and the Second Partition Suit mentioned in the Chain of Title below, there are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees Allottees upon the same 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee as followsthat, subject to what is stated in this Agreement and all its Schedules and Annexures, and subject to what is stated in the Title Report, and subject to the RERA Certificate-: (ia) The Owners have absolute, Promoter has clear and marketable title with respect to the said Land; Project Land as declared in the Promoter title report annexed to this Agreement and has requisite rights to carry out development upon the said Project Land and the Owner also has absolute, actual, physical and legal pos- session possession of the said Project Land with license to for the Promoter to carry out implementation of the Real Estate Project thereon/ Happinest Palghar Project 1; (iib) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Real Estate Project and shall obtain requisite approvals from time to time to complete the development of the Real Estate Project; (iiic) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated Apartment and appertaining share in said Project Land or in except those disclosed to the ProjectAllottee; (ivd) There are no litigations pending before any Court or of law or Authority with respect to the said Land, Project Land or Happinest-Palghar Project1 except those disclosed to the Designated ApartmentAllottee; (ve) All approvals, licenses and permits issued by the competent authorities with respect to the ProjectHappinest-Palghar Project 1, said Project Land and Designated Apartment said Building / Real Estate Project are valid and subsisting and have been obtained by following the due process of law. Fur- therFurther, all approvals, licenses and permits to be issued by the Owners/competent authorities with respect to the Happinest-Palghar Project 1, Project Land and said Building / Real Estate 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 in relation to the ProjectHappinest-Palghar Project 1, said Project Land, Building and Designated Apartment and common areasBuilding/ Real Estate Project; (vif) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (viig) The Owners/Promoter have has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land Project Land, including the Happinest-Palghar Project 1 and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiih) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ixi) At the time of execution of the conveyance deeddeed of the structure to the Association of Allottees, the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Apartment common areas of the Structure to the Allottee and Association of the common areas to the association of Allot- tees upon the same being registered or the competent authority as the case may beAllottees; (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; (xij) The Promoter has duly paid and shall continue to pay and discharge all governmental undisputed Governmental dues, rates, charges and taxes and other monies, levies, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Real Estate Project to the competent Authorities till the completion certificate has been issued Association Conveyance and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment along with use of common areas (equipped with all the specifications, amenities and facilities) which thereupon shall be handed over to proportionately borne and paid by the association said Association of Allottees when registered or the competent authority, as the case may beAllottees; (xiik) 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 Land) has been re- ceived by received or served upon the Promoter in respect of the said Project Land and/or the ProjectHappinest-Palghar Project 1 except those disclosed to the Allottee.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee Allottees as follows: (i) The Owners have absolute, clear and marketable title with respect to the said LandProject Property; the Promoter has requisite authority and rights to carry out development upon the said Land Project Property and the Owner has absolute, actual, physical and legal pos- session possession of the said Land with license to Project Property for the Promoter to carry out the Project thereon;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) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated Apartment Project Property or the Real Estate Project save and appertaining share in said Land or except as expressly disclosed in the Project;Form A Declaration uploaded in the Website of the Authority: (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Land, Project Property or the Designated ApartmentReal Estate Project, save and except as expressly disclosed in the Form A Declaration uploaded in the Website of the Authority; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land the Project Property and Designated Apartment the Said Bungalow are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the Owners/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, Building the Said Bungalow, the Said Block and Designated Apartment 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 com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee Allottees created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment Said Bungalow which will, in any manner, affect the rights of Allottee Allottees under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment Said Bungalow to the Allottee Allottees in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, deed the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Apartment Said Bungalow to the Allottee Allottees and the common areas Common Areas of the Real Estate Project to the association of Allot- tees allottees, upon the same being registered or the competent authority as the case may beformed and registered; (x) The Schedule Property Said Bungalow 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 Bungalow; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take irrespective of possession of the designated apart- ment Bungalow along with use Common Areas of common areas the Real Estate Project (equipped with all the specifications, amenities and and. facilities) which shall be has been handed over to the allottee and the association of Allottees when registered allottees or the competent authority, as the case may benot; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Property) has been re- ceived received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The Owners have Owner has 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 Owner has absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project. The frivolous legal proceedings are morefully dealt with in clause 24 of Schedue A-2 hereto; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the OwnersOwner/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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The OwnersOwner/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The OwnersOwner/Promoter confirms that the OwnersOwner/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees Allottees upon the same 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Owner has Owners have absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except Except for the construction finance from NBFC for construction of the Project by mortgaging the said Land and the constructionExisting Mortgage, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The OwnersOwner/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The OwnersOwner/Promoter confirms that the OwnersOwner/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees upon the same being registered or the competent authority as the case may be;of (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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion Completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Sub Lessor and/or the Promoter hereby respectively represents represent and warrants to the Allottee as follows: (i) i. The Owners Sub Lessor have absolute, clear marketable leasehold rights and marketable title interest with respect to the said Land; the and Promoter has requisite rights to carry out development upon the said Land and the Owner has absolute, actual, actual physical and legal pos- session possession of the said Land with license to for developing the Promoter to carry out the Project thereonProject; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) Save and except the construction finance from NBFC for construction of the Project by mortgaging . There are no encumbrances upon the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) . There are no litigations pending before any Court or of law or Authority with respect to the said Land, Project Land or the Designated ApartmentSaid Apartment And Properties Appurtenant Thereto; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and Designated the Said Apartment And Properties Appurtenant Thereto are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject and the Said Apartment And Properties Appurtenant Thereto and the Common Areas, said Land, Building and Designated Apartment and common areasif any; (vi) . The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee agreed to be created herein, may prejudicially be affected; (vii) The Owners. Save and the except the agreement between the Sub Lessor and the Promoter, the Sub Lessor/Promoter have 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 Designated Said Apartment And Properties Appurtenant Thereto which will, in any manner, affect the rights of Allottee under this Agreement; (viii) . The OwnersSub Lessor/Promoter confirms that the OwnersSub Lessor/Promoter are not restricted in any manner whatsoever from selling sub leasing/assigning the said Designated Said Apartment And Properties Appurtenant Thereto to the Allottee in the manner contemplated in this Agreement; (ix) . At the time of execution of the conveyance deedSub Lease/Assignment Deed, the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Said Apartment And Properties Appurtenant Thereto to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the association Association of Allot- tees upon the same being registered allottees or the competent authority authority, as the case may be, after the completion of the Project; (x) x. The Schedule Property 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 Sub Lessor/Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, im- positions, premiumsimpositions, damages and/or penalties and other outgoings, what- soever, 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 till authority under the completion certificate Act for the Project has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment Apartment along with use of common areas the Common Area, (equipped with all the specifications, amenities and facilities) which shall be has been handed over to the association Allottee and the Association of the 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 re- ceived received by or served upon the Sub Lessor/Promoter in respect of the said Land and/or the Project; xiii. That the Property is not a Wakf Property.

Appears in 1 contract

Samples: Assignment Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Owner has Owners have absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except the construction finance from NBFC M/s Rollon Investments Private Limited for construction of the Project by mortgaging the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There Save and except the Pending Litigation as stated in clause 27 of the Schedule A-1 below, there are no litigations presently pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees Allottees upon the same 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee as follows:, subject to what is stated in this Agreement and all its Schedules and Annexes, subject to what is stated in the Title Certificate, and subject to the RERA Certificate,- (i) The Owners have absolute, Promoter has clear and marketable title with respect to and has the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owner also has absolute, actual, physical and legal pos- session possession of the said Land with license to for the Promoter to carry out implementation of the Project thereonWhole Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Real Estate Project and shall obtain requisite approvals from time to time to complete the development of the Real Estate Project; (iii) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated Apartment and appertaining share in said Land or in Real Estate Project except those disclosed to the ProjectAllottee; (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Land, Real Estate Project or except those disclosed to the Designated ApartmentAllottee; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, all approvals, licenses and permits to be issued by the Owners/competent authorities with respect to the Real Estate 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 in relation to the Project, said Land, Building and Designated Apartment Real Estate Project and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment Premises, which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment Premises to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deedSociety Conveyance, the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Apartment common areas of the Real Estate Project as detailed in the Third Schedule hereunder written to the Allottee and the common areas to the association of Allot- tees upon the same being registered or the competent authority as the case may beSociety; (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 undisputed governmental dues, rates, charges and taxes and other monies, levies, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Real Estate Project to the competent Authorities till the completion certificate has been issued Society Conveyance and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment along with use of common areas (equipped with all the specifications, amenities and facilities) which thereupon shall be handed over to proportionately borne by the association of Allottees when registered or the competent authority, as the case may beSociety; (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 propertyLand) has been re- ceived by received or served upon the Promoter in respect of the said Land and/or the ProjectProject except those disclosed to the Allottee.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The Owners have absolute, clear and marketable title with respect to the said project Land; The promoter has the Promoter has requisite rights to carry out development upon the said Project Land and the Owner has Owners have absolute, actual, physical and legal pos- session possession of the said Project Land with license to the Promoter to carry out the Project thereonProject; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project;from (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Project Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Project Land, Building and Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have not entered into any agreement for sale (which is subsisting at present) and/or development agreement (save and except the Joint Venture Development Agreement) or any other agreement/arrangement with any person or party with respect to the said Project Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The OwnersOwner/Promoter confirms that the OwnersOwner/Promoter are not restricted in any manner whatsoever from selling the said Designated Apartment Unit to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Apartment Unit and Parking Facility, if any, to the Allottee and the common areas to the association Association of Allot- tees upon the same being registered or the competent authority as the case may beallottees; (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 PropertyProject 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Project to the competent Authorities till but save those payable by the completion certificate has been issued Allottee and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned other owners of apartments and other areas in the intimation to the allottee to take possession of the designated apart- ment 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 beProject; (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 Land) has been re- ceived received by or served upon the Promoter in respect of the said Project Land and/or the Project. (xiii) That the Project Land is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee Allottee(s) as follows: (i) The Owners have absolute, Promoter has clear and marketable title with respect to the said Land; Larger Property, as declared in the Promoter title report annexed to this Agreement as Annexure E (colly) and has the requisite rights to carry out development and construction activities upon the said Land and Project. Further, the Owner Promoter also has absolute, actual, physical and legal pos- session possession of the Larger Property for the implementation of the said Land with license to the Promoter to carry out the Project thereon;Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;Project and shall obtain requisite approvals from time to time to complete the development of the Project as per the provisions of the approvals and documents executed with the competent authorities. (iii) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, The Promoter state that there are no encumbrances upon the Designated Apartment and appertaining share in said Land Project or the Larger Property, except those disclosed in the Project;list of encumbrances and title report mentioned in Annexure E (colly). (iv) There The Promoter state that there are no litigations pending before any Court or of law or Authority with respect to the said Land, Project or the Designated Apartment;said Larger Property, except those disclosed in the list of encumbrances and title report mentioned in Annexure E (colly). (v) All The Promoter confirms that the approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment Project as mentioned in Annexure C are valid and subsisting subsisting. Further, all approvals, licenses and have been permits to be issued by the competent authorities with respect to the Project and said Building shall be obtained by following due process of law. Fur- ther, law and the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Project and said Land, Building and Designated Apartment and common areas;Building. (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing thing, whereby the right, title and in- terest interest of the Allottee Allottee(s) created herein, may prejudicially be affected;. (vii) The Owners/Promoter have 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 Larger Property, including the Project and the said Designated Apartment Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;. (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment 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 hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees upon the same 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, im- positions, premiums, damages and/or penalties and other outgoings, what- soever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 propertyProject) has been re- ceived by received or served upon the Promoter in respect of the said Land Larger Property except those disclosed in the title report. (x) The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee(s) as advance or deposit, sums received on account of the share capital for the promotion of the Organisation or towards the outgoings, legal charges and shall utilize the amounts only for the purposes for which they have been received. (xi) In case during the course of construction and/or after the completion of the Project, further construction on any portion of vacant land or building or terrace becomes possible, the Promoter shall have the exclusive right to take up or complete such further xxxxxxxxxxxx.Xx the event of paucity or non-availability of any material the Promoter may use alternative materials/ article but of similar good quality. The decision of the Promoter on such changes shall be final. (xii) It is agreed between the Promoter and the Allottee(s) that to ensure uniformity and minimal interference with structures, ducting, internal cabling etc. in the Project, it is agreed that the Promoter shall regulate the entry of telecom agency/services in the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The Owners have Promoter has absolute, clear and marketable title with respect to the said Project Land; the Promoter has requisite rights to carry out development upon the said Project Land and the Owner has absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter to carry out the Project thereonLand; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated ProjectLand and/or the Project. Save and except as disclosed hereinunder: It is also made known to the Allottee that the Promoter has taken a loan from Aditya Birla Housing Finance Limited (ABHFL) against security of the Said Land and the construction having already been made and/or being made. The Promoter shall cause the said ABHFL 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 appertaining share 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 said Land or in favour of the Project;Allottee and the Allottee will get the title of the Apartment free from all encumbrances. (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Project Land, /Project or the Designated Apartment;; Save and except as disclosed herein. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project Land and Designated Apartment Apartments are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Project Land, ,Building and Designated Apartment and common areasCommon Areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing orthing, whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 or any part thereof, including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution execution, of the conveyance deed, Conveyance Deed the Promoter shall hand over handover lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees upon allottees at the same being registered or the competent authority as the case may becompletion of entire project ; (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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Project to the competent Authorities till the completion certificate has of the Projecthas been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of apartment or building, as the designated apart- ment case may be, along with use of common areas (equipped with all the specifications, amenities and facilities) which shall be has been handed over to the allottee and the association of Allottees when registered 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 propertyprojectland) has been re- ceived received by or served upon the Promoter in respect of the said Said Land and/or the ProjectProject Land.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Owner Owners has absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except the construction finance from NBFC for overdraft loan facility obtained by the Promoterfor construction of the several buildings in the Project and for which the Promoterhave mortgaged by mortgaging deposit of title deeds of the said Land and the constructionto Axis Bank Ltd, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in xxxx the Project; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees upon the same being registered or the competent authority as the case may be;Designated (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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apart- ment 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 Allotteeswhen 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter Promoter/Developer hereby respectively represents and warrants to the Allottee as follows:follows:- (i) The Owners have absolute, clear and marketable title with respect to of the said LandProject Property; the Promoter has requisite authority and rights to carry out development upon the said Land Project property and the Owner has absolute, actual, actual physical and legal pos- session possession of the said Land with license to Project Property for the Promoter to carry out the Project thereon;Real Estate Project. (ii) The Promoter Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Real Estate Project;. (iii) Save and except the construction finance from NBFC for construction of the Project by mortgaging the said Land and the construction, there There are no encumbrances upon the Designated Apartment Project Property or the Real Estate Project save and appertaining share in said Land or except as expressly disclosed in the ProjectForm A Declaration uploaded in the website of the Authority ; (iv) There are no litigations pending before any Court or of law or Authority with respect to the said Land, Project Property or the Designated ApartmentReal Estate Project save and except as expressly disclosed in the Form A Declaration uploaded in the Website of the authority ; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land the Project Property and Designated the Said Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, the Owners/Promoter promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectReal Estate Project the Project Property, the said Landapartment, Building the said tower/building and Designated Apartment and common areas;Common Areas of the Real Estate Project till the date of handing over of the real Estate Project to the association of Allottees; Page19 (vi) The Promoter Promoter/Developer has the right to enter into this Agreement agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, right title and in- terest interest of the Allottee created herein, may prejudicially be affected;. (vii) The OwnersPromoter/Promoter have Developer has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Designated Apartment “Said Apartment” which will, in any manner, affect the rights of Allottee under this Agreement;agreement. (viii) The OwnersPromoter/Promoter Developer confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment apartment to the Allottee allottee in the manner contemplated in this Agreement;agreement. (ix) At the time of execution of the conveyance deed, deed the Promoter Promoter/Developer shall hand over handover lawful, vacant, peaceful, vacant peaceful physical possession of the Designated Said Apartment to the Allottee allottee and the common areas of the Real Estate Project to the association of Allot- tees allottees, upon the same being registered or the competent authority as the case may beformed 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 PropertyProject Property ; (xi) The Promoter Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project Project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take irrespective of possession of the designated apart- ment apartment along with use common Areas of common areas the Real Estate Project (equipped with all the specifications, amenities and facilities) which shall be has been handed over to the allottee and the association of Allottees when registered allottees or the competent authority, as the case may be;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 re- ceived received by or served upon the Promoter Promoter/Developer in respect of the said Land Project Property and/or the Real Estate Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Owner Owners has absolute, actual, physical and legal pos- session possession of the said Land with license to the Promoter 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) Save and except the construction finance from NBFC overdraft loan facility obtained by the Promoter for construction of the several buildings in the Project and for which the Promoter have mortgaged by mortgaging deposit of title deeds of the said Land and the constructionto Axis Bank Ltd, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court or law or Authority with respect to the said Land, Project or the Designated Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Fur- therFurther, 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 Designated Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not com- mitted committed or omitted to perform any act or thing whereby the right, title and in- terest interest of the Allottee created herein, may prejudicially be affected; (vii) The Owners/Promoter have 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 Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Owners/Promoter confirms that the Owners/Promoter are is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of Allot- tees Allottees upon the same 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, im- positionsimpositions, premiums, damages and/or penalties and other outgoings, what- soeverwhatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (at- tributable attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee Allottee to take possession of the designated apart- ment 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 re- ceived received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

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