REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: (i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 5 contracts
Samples: Sale Agreement, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentplot;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinancegovernmentordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 5 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) 1. The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) 2. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development outdevelopment of the Project;
(iii) 3. There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rightsanyrights, title, interest and name of party in or over such land]
(iv) 4. There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) 5. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) 6. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any performany act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) 7. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this AgreementthisAgreement;
(viii) 8. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) 9. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) 10. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) 11. The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoingsotheroutgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) 12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
13. That the property is not Waqf property.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide provided details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [ Apartment];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [ Apartment] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [ Apartment] which will, in any manner, affect the rights of Allottee allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [ Apartment] to the Allottee in Allotteein the manner contemplated in this Agreementagreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [ Apartment] to the Allottee and the common areas to the association Association of allottees 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 and / or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or and / or the Project;
(xiii) That the property is not Waqf property.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 4 contracts
Samples: Deed of Agreement for Sale Without Possession, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners have absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter 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 deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees Allottees upon the same being registered or the competent authority, authority as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of apartment, plot or building, as the case may be, designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the allottee and 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 received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;; (In case the Promoter is not owner of the Land, give details of collaboration with such owner)
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [(In case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land])
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Unit and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Maintenance Society or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee’s as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land].
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee’s created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee’s under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee’s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee’s and the common areas to the association of allottees allottee’s or the competent authority, as the case may be;; only if the completion certificate has been obtained from the competent authority. The sale deed for the said Apartment......................shall be executed for the sole purpose of procuring housing loan or to facilitate to take payments from the Allottee’s and the ownership rights and possession of the property shall be transferred to the Allottee’s only after full and final payment of the said Apartment has been done as per the payment schedule as mentioned in Schedule C.
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the allottee from the date of registry of the plot in favour of the allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project., pertaining to the legality of the said project/land;
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentPlot;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areasPlot;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owners hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances Project as on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Effective Date;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the Project, said Land, Building and Apartment and common areasCommon Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owners/Promoter confirms that the Owners/Promoter is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the deed of conveyance deed the Promoter shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be;
(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 PropertyLand;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Association or the competent authority, as the case may be;; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, absolute actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; project: [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has promoter gas been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said Land, Building and Apartment and common areas;
(vi) The Promoter promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby . Whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which Which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter promoter confirms that the Promoter promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [ Apartment/Plot] to the Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee 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 Government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter promoter in respect of the said Land and/or the land and/ or Project.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners have absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. .Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter 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 deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees Allottees upon the same being registered or the competent authority, authority as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of apartment, plot or building, as the case may be, designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the allottee and 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 received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;.
(iii) There are no encumbrances upon the said Land or the Project; [. (In case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land])
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the orthe Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;.
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected;.
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee(s) and the undivided proportionate share of common areas to the association of allottees or the competent authority, as the case may be;
(x) allottee(s). The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;.
(xiix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees or the competent authority, as the case may be;.
(xiix) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:: -
(i) The [Promoter] Promoter has absolute, clear and marketable leasehold right with respect to the Project land and also have marketable title with respect to the said Land; project with regard to the Apartment(s) constructed and/or to be constructed thereon or on part thereof. JSHPL jointly with KWICPL shall have the requisite rights right to carry out the development upon the said Project Land and absolute, also has actual, physical and legal possession of the said Project Land for the implementation of the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of Joyville Phase 1A and shall obtain requisite approvals from time to time to complete the Project;development of Joyville Phase 1A subject to the residual right of the Lessor and also subject to the right of HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED (HDFC), as the Mortgagee.
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project land or Joyville Phase 1A except those disclosed in the Apartmenttitle report;
(viv) All approvals, licenses and permits issued by the competent authorities with respect to the Joyville Phase 1A or the entire Project, the said Land and Apartment building/apartment to be constructed to be on the Project land are valid and subsisting and have been obtained by the following due process of law. FurtherFurther all approvals, licenses and permits to be issued by the competent authorities with respect to Joyville Phase 1A or the entire Project, project land and the said building 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 Joyville Phase 1A or the entire Project, said LandProject land, Building and Apartment and common areas;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, herein may prejudicially be affected;
(viivi) The Promoter has not entered into any agreement Agreement for sale Allotment and/or development agreement or any other agreement / arrangement Agreement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect affecting the rights of the Allottee under this AgreementAgreement save and except disclosed herein;
(viiivii) The Promoter confirms that the Promoter it is not restricted in any manner whatsoever from selling for granting sub-lease and/or under-lease of the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case 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;
(xiviii) The Promoter has duly paid agrees and shall continue undertakes to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, outgoings whatsoever, payable with respect to the said project Joyville Phase 1A to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;authorities.
(xiiix) 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 Joyville Phase 1A and/or plot of land and/or the said propertyApartment) has been received by or served upon the Promoter in respect of Joyville Phase 1A and/or Project land except those disclosed in the said Land and/or the Projecttitle report.
Appears in 3 contracts
Samples: Agreement for Allotment of Apartment, Agreement for Assignment / Allotment of Apartment, Under Lease / Allotment of Apartment
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentPlot;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby here by represents and warrants to the Allottee as follows:
(i) i. The [Promoter] Owner has absolute, clear and marketable title with respect to the said Land; Said Premises and the requisite authority and rights to carry out development upon the said Land Said Premises and absolute, actual, physical and legal possession of the said Land Said Premises for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development . ThePromoterhaslawfulrightsandrequisiteapprovalsfromthecompetentAuthoritiestocarryoutdevelopment of the Project;
(iii) . There are no encumbrances upon the said Land Said Premises or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) . There are no litigations litigation's pending before any Court of law or Authority with respect to the said LandSaid Premises, Project or the Apartment;
(v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Xxxx Xxxxxxxx and Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said LandSaid Premises, Building and said Apartment and common areasareas of the Project till the date of handing over of the Project to the association of allottees;
(vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affectedactorthing,wherebytheright,titleandinterestoftheAllotteecreatedherein,mayprejudiciallybeaffected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / . ThePromoterhasnotenteredintoanyagreementforsaleand/oranyotheragreement/ arrangement with any person or party with respect to the said Landapartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreementwhichwill,inanymanner,affecttherightsofAllotteeunderthisAgreement;
(viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottees and the common areas of the project to the association Association of allottees or the competent authorityAllottees, as upon the case may besame being formed and registered;
(x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor nomin or 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, . ThePromoterhasdulypaidandshallcontinuetopayanddischargeallgovernmentaldues,rates, charges and taxes and other monies, ,chargesandtaxesan dothermonies,levies, ,impositions, ,premiums, damages and/or penalties and other outgoings, ,damagesand/orpenaltiesandotheroutgoings,whatsoever, ,payable with respect to the said project to the competent Authorities till the completion certificate has been issued and irrespective of possession of apartment, plot or building, as the case may be, apartment along with common areas Common Areas of the Project (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beallotteesor not;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has the absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;.
(iii) There are no encumbrances upon the said Said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses sanctions and permits permissions issued by the competent authorities with respect to the Project, said Land and Apartment Project as well as for the Said Independent Floor for residential usage being sold to the Allottee are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject as well as for the Said Independent Floor for residential usage and for Common Areas as provided under Rule 2(1)(f) of Rules, said Land, Building and Apartment and common areas2017;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;.
(viivi) The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment Said Independent Floor for residential usage which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Independent Floor for residential usage to the Allottee Allottee, in the manner contemplated in this Agreement;.
(ixviii) At the time of execution of the conveyance deed deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Independent Floor for residential usage along with parking to the Allottee and the common areas Allottee, Common Areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017;
(xix) The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the Schedule Property;Said Land.
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate offer of possession of the Said Independent Floor has been issued issued, and possession as per the provisions of apartmentthe Haryana Development and Regulation of Urban Areas Act, plot or building1975, as the case may berules thereof, along with common areas (equipped with all the specifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and common areas as provided under Rule 2(1)(f) has been handed over to the allottee and the association of allottees or the competent authorityRules, as the case may be;2017.
(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 propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Said Land/ or Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owners hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the ProjectProject save and except the said Litigation;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances Project as on the land provide details of such encumbrances including any rights, title, interest Effective Date save and name of party in or over such land]except the said Litigation;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentApartment save and except the said Litigation;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the Project, said Land, Building and Apartment and common areasCommon Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owners/Promoter confirms that the Owners/Promoter is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the deed of conveyance deed the Promoter shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be;
(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 PropertyLand;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Association or the competent authority, as the case may be;; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :-
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, title interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed committee or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF UF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Owner/Vendor Agreement for Sale, Owner/Vendor Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Owner has absolute, clear and marketable title with respect to the said LandSaid Premises; the requisite rights to carry out development upon the said Land Said Premises and absolute, actual, physical and legal possession of the said Land Said Premises for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land Said Premises or the Project; [In case there are, any encumbrances Project as on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Effective Date;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said LandSaid Premises, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Xxxx Xxxxxxxx and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the Project, said Land, Building and Apartment and common areasCommon Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the deed of conveyance deed the Promoter shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be;
(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 Premises;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoingsoutgoing, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Association or the competent authority, as the case may be;; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Promoter in respect of the said Land Said Premises and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants warranties to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite required rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [(In case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]):
(iv) There are no litigations pending before any Court of law or Authority authority with respect to the said Land, Project or the Apartment;.
(v) All approvals, licenses . Licenses and permits issued by the competent complete authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building building and Apartment (Apartment) and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be the affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the be rights of Allottee under this Agreement;agreement.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment (Apartment) to the Allottee and the common areas to the association of allottees 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 Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, be along with common areas (equipped with all the specificationsspecifications amenities and, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and And Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the association Association of allottees or the 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Owner/Promoter has the absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;.
(iii) There are no encumbrances upon the said Said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses sanctions and permits permissions issued by the competent authorities with respect to the Project, said Land and Apartment Project as well as for the Said Independent Floor for residential usage being sold to the Allottee are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject as well as for the Said Independent Floor for residential usage and for Common Areas as provided under Rule 2(1)(f) of Rules, said Land, Building and Apartment and common areas2017;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;.
(viivi) The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment Said Independent Floor for residential usage which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Independent Floor for residential usage to the Allottee Allottee, in the manner contemplated in this Agreement;.
(ixviii) At the time of execution of the conveyance deed deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Independent Floor for residential usage along with parking to the Allottee and the common areas Allottee, Common Areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017;
(xix) The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the Schedule Property;Said Land.
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate offer of possession of the Said Independent Floor has been issued issued, and possession as per the provisions of apartmentthe Haryana Development and Regulation of Xxxxx Xxxxx Xxx, plot or building0000, as the case may berules thereof, along with common areas (equipped with all the specifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and common areas as provided under Rule 2(1)(f) has been handed over to the allottee and the association of allottees or the competent authorityRules, as the case may be;2017.
(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 propertySaid Land ) has been received by or served upon the Promoter in respect of the said Land and/or the Land/ or Project.
Appears in 3 contracts
Samples: Agreement for Sale, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the The said Land or the Project; [In case there areis encumbered with Centrum Financial Services Limited having its registered office at 2nd Floor, any encumbrances on the land provide details Bombay Mutual Building, Dr. D.N. Road, Fort, Mumbai – 400 001 vide a registered deed of such encumbrances including any rights, title, interest and name of party in or over such land]mortgage;
(iv) There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project or the ApartmentBungalow;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Bungalow are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Bungalow and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, herein may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment Bungalow which will, will in any manner, manner affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Bungalow to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Bungalow to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property schedule property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartmentbungalow, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on Project as per the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]mortagage deed with XXXX;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] the Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The the Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There there are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment/Plot;
(v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Apartment/ Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment/Plot and common areas;
(vi) The the Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The the Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At at the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/Plot to the Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The 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 the Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;Authorities; and
(xii) No no notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Agreement for Sale, Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, absolute actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; project: [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has promoter gas been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said Land, Building and Apartment and common areas;
(vi) The Promoter promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby . Whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which Which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter promoter confirms that the Promoter promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/ Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [ Apartment/Plot] to the Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental goverment dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter promoter in respect of the said Land and/or the land and/ or Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter promoter hereby represents and warrants to the Allottee Allotee as follows:
(i) The [Promoter] promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land land and absolute, actual, physical and legal possession of the said Land land for the Projectproject;
(ii) The Promoter promoter has lawful rights and requisite approvals approval from the competent Authorities to carry out development of the Projectproject;
(iii) There are is no encumbrances encumbrance upon the said Land land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]project;
(iv) There are no litigations litigation pending before any Court court of law or Authority with respect to the said Landland, Project project or the Apartmentapartment;
(v) All approvalsapproval, licenses and permits issued by the competent authorities authorieties with respect to the Projectproject, said Land and Apartment land apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter promoter has been and shall, at all times, remain to be in compliance with all applicable laws law in relation to the Projectproject, said Landland, Building building and Apartment apartment and common areasareas till the date of handing over of the project to the association of allots;
(vi) The Promoter promoter has the right to enter into this Agreement agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee allottee created herein, may prejudicially be affected;:
(vii) The Promoter promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment apartment which will, in any manner, affect the rights of Allottee allottee under this Agreementagreement;
(viii) The Promoter confirms promoter confirm that the Promoter promoter is not restricted in any manner whatsoever from selling the said Apartment apartment to the Allottee allottee in the manner contemplated in this Agreementagreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment apartment to the Allottee allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and registered;
(x) The Schedule Property schedule property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Propertysaid land;
(xi) The Promoter promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or damage and /or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities authorities till the completion certificate has been issued and possession irrespective of apartment, plot or building, as the case may be, apartment along with common areas (equipped with all the specifications, amenities and facilitiesand. Facilities) has been handed over to the allottee and the association of allottees allottee or the competent authority, as the case may benot;
(xii) No notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter promoter in respect of the said Land and/or land and /or the Project.project;
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
I. The (iPromoter) The [Promoter] has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) II. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;,
(iii) III. There are no encumbrances upon the said Land or the Project; [In , (in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land])
(iv) IV. There are no litigations pending before any Court court of law or Authority with respect to the said Landland, Project project or the (Apartment;/Plot)
(v) V. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and Apartment (Apartment/Plot) are valid and subsisting and have been obtained by following due process of law. Further, law further the Promoter has been and shall, shall at all times, times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment (Apartment/Plot) and common areas;.
(vi) VI. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Xxxxxxxx created herein, may prejudicially be affected;
(vii) VII. The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Landland, including the Project and the said Apartment (Apartment/Plot) which will, will in any manner, manner affect the rights of Allottee under this Agreement;
(viii) VIII. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment (Apartment/Plot) to the Allottee in the manner contemplated in this Agreement;.
(ix) IX. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment (Apartment/Plot) to the Allottee and the common areas to the association Association of allottees the Allottees or the competent authority, authority as the case may be;,
(x) X. The Schedule schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, right title and claim over the Schedule Property;.
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) XI. No notice from the Government or any other local body or authority or any legislative enactment, enactment government ordinance, order, ordinance order notification (including any notice for acquisition or requisition of the said property) has been received receive by or served upon the Promoter in respect of the said Land land and/or the Projectproject.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment andPlot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Plot] which will, in any manner, affect the rights of Allottee ofAllottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment plot to the Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartmentof, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon Portions of the said Land or the Project; [In case there areare encumbered with X.X. Financial Credit Solutions Limited having its registered office at 7th Floor, any encumbrances on the land provide details Cnergy, Xxxxxxxxx Xxxxxxx Marg, Prabhadevi, Mumbai – 400 025 vide a registered deed of such encumbrances including any rights, title, interest and name of party in or over such land]mortgage;
(iv) There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project Land or the ApartmentPlot;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, shall at all times, times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, herein may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment Plot which will, will in any manner, manner affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Cum Assignment Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee Allottees as follows:
(i) : The [Promoter] Owner has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) ; The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) ; There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances Project as on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) Effective Date; There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) ; All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) Common Areas; The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottees created herein, may prejudicially be affected;
(vii) ; The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottees under this Agreement;
(viii) ; The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allottee Allottees in the manner contemplated in this Agreement;
(ix) ; At the time of execution of the deed of conveyance deed the Promoter shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee Allottees and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be;
(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;
(xi) Land; The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottees and the association of allottees Association or the competent authority, as the case may be;
(xii) ; and No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Lessee and Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows:
(i) The [Promoter] Lessee has absolute, clear and marketable leasehold title with respect to the said Land; the and Promoter has requisite rights to carry out development upon the said Land and absolute, actual, actual physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, Project except the Promoter has got a facility sanctioned by for providing loan to the Promoter for construction of the Project (hereinafter referred to as the “Financial Arrangement” which expression shall include any encumbrances addition or modification of the loan so sanctioned and/or paid by the bank or financial institution to the Promoter) by mortgaging the Project on the land provide details of such encumbrances including any rights, title, interest said Land and name of party in or over such land]the construction;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentSaid Apartment And Properties Appurtenant Thereto;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, the said Land and the Said Apartment And Properties Appurtenant Thereto are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject and the Said Apartment And Properties Appurtenant Thereto and the Common Areas, said Land, Building and Apartment and common areasif any;
(vi) The Lessee and the Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Lessee and the Promoter has not entered into any agreement for sale Assignment/ Transfer and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, Land including the Project and the said Said Apartment And Properties Appurtenant Thereto which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Lessee and the Promoter confirms that the Promoter is are not restricted in any manner whatsoever from selling assigning the said leasehold rights of the 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 deed Assignment/ Transfer Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the 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 allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;said Land.
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, outgoings whatsoever payable with respect to the said project Project to the competent Authorities authorites till the completion certificate has been issued and possession issuance of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;Completion Certificate .
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Lessee/Promoter in respect of the said Land and/or the Project.
(xiii) That the said Land is not a Wakf Property
Appears in 2 contracts
Samples: Transfer Agreement, Transfer Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;.
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;.
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;.
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees or the competent authority, as the case may be;Allottees.
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;.
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;Authorities.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which Apartmentwhich will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to Apartmentto the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) property has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]XXXXXXX XXXXXXXX BUILDCON LLP = 14 =
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Deed of Agreement for Sale, Deed of Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby represents and warrants to the Allottee as follows:
(i) i. The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; Land and the Promoter has the requisite rights to carry out development upon the said Land and the owners have the absolute, actual, physical and legal possession of the said Land for with license to the Project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and the title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with regard thereto.
(ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) . There are no encumbrances upon the said Said Land or and/or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land].
(iv) . There are no litigations pending before any Court of law Law or Authority with respect to the said Said Land, Project or the Apartment;
(v) v. All approvals, licenses and permits issued by the competent authorities with respect to the ProjectSaid Land, said Land Project and Apartment Apartments are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Said Land, Project, said LandBuilding, Building and Apartment and common areasCommon Areas;
(vi) . The Promoter has Promoter/ Owners have the right to enter into this Agreement and has have not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) . The Promoter has Promoter/ Owners have not entered into any agreement Agreement for sale Sale and/or development agreement Development Agreement or any other agreement / Agreement/ arrangement with any person or party with respect to the said Land, Said Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement, except for the ‘Development Agreement’ dated 29.08.2017 between the Promoter and the Owners for the said Project registered with the office of ADSR, Alipore, South 24 Parganas, recorded in Book No. I, Volume No. 1605-2017 Pages from 149216 to 149257, Being No. 160505520 for the year 2017 and the ‘Supplementary Development Agreement’ dated , registered with the office of …………., recorded in Book No… Volume No…………….. Pages from………… to ………… Being No………….. for the year 2021;
(viii) . The Owners/ Promoter confirms confirm that the Owners/ Promoter is are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution execution, of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees Allottees or the competent authorityCompetent Authority, as the case may be, at the completion of entire project ;
(x) 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 Promoter/ Owners have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Competent Authorities till the completion certificate of the Project has been issued and possession of apartment, plot apartment or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees 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 propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; : [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;,
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, . whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, . amenities and and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project...
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; : [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the die said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, . Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot apartment or building, as the case may be, along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for tor acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, 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 [Promoter] 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 possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There Save and except the construction finance from 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; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Save and except the said Development Agreement, the Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter 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 deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees upon the same being registered or the competent authority, authority as the case may be;
(x) The Except the Owners, the Schedule Property is not the subject matter of any other HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Competent Authorities till the completion Completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the Allottee to take possession of apartment, plot or building, as the case may be, designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the allottee and the association of allottees when registered or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants warrant to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to [Apartment]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment] to the Allottee and the common areas to the association Association of allottees 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has the absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses sanctions and permits permissions issued by the competent authorities with respect to the Project, said Land and Apartment Project as well as for the Said Commercial Unit for commercial usage being sold to the Allottee are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject as well as for the Said Commercial Unit for commercial usage and for Common Areas as provided under Rule 2(1)(f) of Rules, said Land, Building and Apartment and common areas2017;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(viivi) The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment Said Commercial Unit for commercial usage which will, in any manner, affect the rights of Allottee under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Commercial Unit for commercial usage to the Allottee Allottee, in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Commercial Unit for commercial usage to the Allottee and the common areas Allottee, Common Areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017;
(xix) The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate offer of possession of the Said Commercial Unit has been issued issued, and possession as per the provisions of apartmentthe Haryana Development and Regulation of Urban Areas Act, plot or building1975, as the case may berules thereof, along with common areas (equipped with all the specifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and common areas as provided under Rule 2(1)(f) has been handed over to the allottee and the association of allottees or the competent authorityRules, as the case may be2017;
(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 propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Said Land/ or Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentflat;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) i. The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) . There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) . There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) . The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) . The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There The said land is free from all encumbrances except the Plot No 13 & 14 are no encumbrances upon mortgaged in the said Land or the Project; favour of Gram Panchyat Rapadiya, tehsil Huzur/ Bhopal Municipal Corporation in pursuance rule 12(1) of Madhya Pradesh Gram Panchayat (Colonisers Registration Rules) 1999. [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale (Ews), Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows:
(i) The [Promoter] has absoluteOwners haveabsolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolutethe Owners haveabsolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Designated Apartment and appertaining share in said Land or xxxx the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter 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 deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees Allottees upon the same being registered or the competent authority, authority as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the Allottee to take possession of apartment, plot or building, as the case may be, designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the allottee and 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 received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners have absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. Further, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, 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 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 deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees Allottees upon the same being registered or the competent authority, authority as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of apartment, plot or building, as the case may be, designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the allottee and 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 received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
I. The (iPromoter) The [Promoter] has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) II. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;,
(iii) III. There are no encumbrances upon the said Land or the Project; [In , (in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land])
(iv) IV. There are no litigations pending before any Court court of law or Authority with respect to the said Landland, Project project or the (Apartment;/Plot)
(v) V. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and Apartment (Apartment/Plot) are valid and subsisting and have been obtained by following due process of law. Further, law further the Promoter has been and shall, shall at all times, times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment (Apartment/Plot) and common areas;.
(vi) VI. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Xxxxxxxx created herein, may prejudicially be affected;
(vii) VII. The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Landland, including the Project and the said Apartment (Apartment/Plot) which will, will in any manner, manner affect the rights of Allottee under this Agreement;
(viii) VIII. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment (Apartment/Plot) to the Allottee in the manner contemplated in this Agreement;.
(ix) IX. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment (Apartment/Plot) to the Allottee and the common areas to the association Association of allottees the Allottees or the competent authority, authority as the case may be;,
(x) X. The Schedule schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, right title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title leasehold right with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]:
(iv) There are no litigations pending before any Court of law or Authority with respect to any adverse orders or restrictions impacting the said Land, Project or the Apartmentin any manner;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale transfer and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring the leasehold rights in respect of the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance transfer deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property Leasehold rights in respect of the Said Plot of 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, . amenities and and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may bebe in accordance with the terms and conditions of this Agreement;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Transfer Agreement, Transfer Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; : [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project or the Apartment;Building.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Building are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment/office and common areas;.
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or of any other agreement / agreement/ arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment Apartment/office which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/office to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/office to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, be along with common areas (equipped with all the specifications, amenities and facilities) facilities has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentPlot;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or buildingplot, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee’s as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;Plot
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee’s created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee Allottee’s under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee Allottee’s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee Allottee’s and the common areas to the association of allottees allottee’s or the competent authority, as the case may be;; only if the completion certificate has been obtained from the competent authority. The sale deed for the said plot......................shall be executed for the sole purpose of procuring housing loan or to facilitate to take payments from the Allottee’s and the ownership rights and possession of the property shall be transferred to the Allottee’s only after full and final payment of the said plot has been done as per the payment schedule as mentioned in Schedule C.
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartmentPlot, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) ; except for the property tax and diversion rent etc., which will be levied on the allottee from the date of registry of the plot in favour of the allottee by the promoter or from the last date of payment as mention in the payment schedule whichever is earlier. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject pertaining to the legality of the said project/land. And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, ,physical and legal xxxxx possession of the said Land for the Project;
(ii) The Promoter has lawful rights tights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, ,title, ,interest and name of party in or over such oversuch land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment;/Plot]
(v) All approvals, licenses and permits issued by the competent authorities comptent authotities with respect to the Project, said Land and Apartment (Apartment/Plot) are valid and subsisting and have been obtained by following due process of law. .Further, the Promoter has been and shall, at all times, ,remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby . Whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which [Apatment/Plot]which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter Promoters confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allottee in the manner in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, ,peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the association of allottees 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 ,little and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, ,rate,charges and taxes and other monies, levies, ,leves,impositions, ,premiums, damages and/or ,damage and or penalties and other outgoings, ,whatsoever, ,payable with respect to the said project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, ,plot or building, as the case may be, along with common areas (equipped with all the specifications, ,amenities and facilities) has facilities)has been handed over to the allottee and the association of allottees or the competent authorityauthorities, 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 noice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the te said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) : The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) ; The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) ; There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) ] There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment;
(v) /Plot]; All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) ; The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) ; The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) ; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) ; At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) ; The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) ; The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) ; No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentDuplex;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Duplex are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Duplex and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Duplex which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Duplex to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Duplex to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There T here are no encumbrances upon the said Land or the Project; Project [In case there are, any are many encumbrances on the land Land provide details of such encumbrances including any rights, title, interest and name of the party in in/or over such land]; The encumbrances are as follows:- the entire land admeasuring about 98.33 acres including any construction (existing as well as future) thereon is encumbered/mortgaged/charged with the X.X Financial Asset Reconstruction Company Limited [formerly known as X.X Financial Asset Reconstruction Company Private Limited] having CIN: U6719MH2007PLC174287, having its registered office at 0xx xxxxx, Xxxxxx, Xxxxxxxxx Xxxxxxx Marg, Prabhadevi, Mumbai-400 025.
(iv) There are no some litigations are pending before any Court of law or Authority (District Consumer Forum Barasat, North 24 Pargansa, West Bengal. State Consumer Form Kolkata and National Consumer Forum New Delhi) with respect to the said Land, Project or the [Apartment;].
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Deed of Conveyance the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment] to the Allottee and the common areas to the association Association of allottees the Allottees or the competent authorityauthorities, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with alongwith common areas (areas( equipped with all the specifications, amenities and facilities) has been handed over to the allottee allottees and the association of allottees or the competent authorityauthorities , as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project).
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentrow house[Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment row house[Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment row house[Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which row house[Apartment/Plot]which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to row house[Apartment/Plot]to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment row house[Apartment/Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of row house, apartment, plot or building, as the case may be, along of the Projectalong with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the row house in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide provided details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreementagreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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 and / or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or and / or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee’s as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land].
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee’s created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee’s under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee’s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee’s and the common areas to the association of allottees allottee’s or the competent authority, as the case may be;; only if the completion certificate has been obtained from the competent authority. The sale deed for the said Apartment......................shall be executed for the sole purpose of procuring housing loan or to facilitate to take payments from the A llottee’s and the ownership rights and possession of the property shall be transferred to the Allottee’s only after full and final payment of the said Apartment has been done as per the payment schedule as mentioned in Schedule C.
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the allottee from the date of registry of the plot in favour of the allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project., pertaining to the legality of the said project/land;
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has Promoter have absolute, clear and marketable title with respect to the said LandSaid Premises; the requisite rights to carry out development upon the said Land Said Premises and absolute, actual, physical and legal possession of the said Land Said Premises for the ProjectSaid Complex;
(ii) The Promoter has have lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectSaid Complex;
(iii) There are no encumbrances upon the said Land Said Premises or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Said Complex;
(iv) There are no litigations pending before any Court of law or Authority with respect to any adverse orders or restrictions impacting the said Land, Project or the ApartmentSaid Complex in any manner;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the ProjectSaid Complex, said Land Xxxx Xxxxxxxx and Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectSaid Complex, said LandXxxx Xxxxxxxx, Building and Said Apartment and common areasCommon Areas;
(vi) The Promoter has have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Said Premises including the Project Said Complex and the said Said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring the said Said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance sale deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Said Apartment to the Allottee and the common areas Common Areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property Said Premises 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 Propertysame;
(xi) The Promoter has have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Said Complex to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may beSaid Apartment , along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may bebe in accordance with the terms and conditions of this Agreement;
(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 Said property) has been received by or served upon the Promoter in respect of the said Land Said Premises and/or the ProjectSaid Complex.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the Premises. The Promoter has requisite rights to carry out development upon the said Land Premises and has absolute, actual, physical and legal possession of the said Land Premises for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;said Premises.
(iii) There are no encumbrances upon the said Land or Premises and also upon the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Allotted Apartment.
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, the said Land Xxxxxxxx and Allotted Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said LandPremises, Building and Allotted Apartment and common areas;Common Areas.
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title right and interest of the Allottee created herein, may prejudicially be affected;.
(viivi) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Premises including the Project and the said Allotted Apartment which will, will in any manner, manner affect the rights of Allottee under this Agreement;
(viiivii) The Promoter confirms that the Promoter it is not restricted in any manner whatsoever from selling the said Allotted Apartment to the Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed upon the receipt of the full consideration of the Allotted Apartment, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Allotted Apartment to the Allottee and the common areas Common Areas to the association Association of allottees or the competent authority, as Allottees upon the case may be;same being registered.
(xix) The Schedule Property Allotted Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;Allotted Apartment.
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;authorities.
(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 propertyPremises) has been received by or served upon the Promoter in respect of the said Land Premises and/or the Project.
Appears in 2 contracts
Samples: Real Estate Development Agreement, Real Estate Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment said Unit and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment said Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment said Unit to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, said Unit along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:, subject to what is stated in this Agreement and all its Schedules and Annexures, subject to what is stated in the Title Certificate, and subject to the RERA Certificate, -
(i) 9.1 The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; and has the requisite rights to carry out development upon the said Land Land, and absolute, also has actual, physical and legal possession of the said Land for the implementation of the Real Estate Project;
(ii) 9.2 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;
(iii) 9.3 There are no encumbrances upon the said Land or Real Estate Project except those disclosed to the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Allottee;
(iv) 9.4 There are no litigations pending before any Court of law or Authority with respect to the said Land, Real Estate Project or except the Apartmentlitigations mentioned in Annexure 6 hereto.;
(v) 9.5 All approvals, licenses and permits issued by the competent authorities with respect to the Real Estate Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the 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 Real Estate Project and Apartment and the common areas;
(vi) 9.6 The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) 9.7 The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project Land and the said Apartment Premises, which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) 9.8 The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Premises to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees 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) 9.9 The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Real Estate Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over is offered to the allottee Allottee in accordance with clause 7.10 above and thereupon shall be proportionately borne by the association of allottees or the competent authority, as the case may beSociety;
(xii) 9.10 No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or the Real Estate Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter Owner/Developer hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Owner/Developer has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter Owner/Developer has lawful rights and requisite approvals from the competent Authorities to carry out carryout development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter Owner/Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter Owner/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby where by the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter Owner/Developer has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter Owner/Developer confirms that the Promoter Owner/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter Owner/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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 nominor has any right, title and claim over the Schedule Property;
(xi) The Promoter Owner/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter Owner/Developer in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Project Land and has the requisite rights to carry out development upon the said Project Land and has absolute, actual, physical and legal possession of the said Project Land for the said Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There Save and except as mentioned herein and as morefully mentioned in Part III of Schedule A hereunder, there are no encumbrances upon the said Project Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There Save and except as mentioned herein and as morefully mentioned in Part III of Schedule A hereunder, there are no litigations pending before any Court court of law or Authority authority with respect to the said Project Land, /Project or the said Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project Land and the said Apartment are valid and subsisting and have been obtained by following due process of lawobtained. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Project Land, Building building, said Apartment, the Residential Common Areas, Amenities and Apartment Facilities, and common areasthe Project Common Areas, Amenities and Facilities;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may be prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Project Land, including the said Project and the said Apartment which will, in any manner, affect the rights of the Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the The Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Project Common Areas, Amenities and Facilities, and the Residential Common Areas, Amenities and Facilities to the association of allottees or the competent authority, as the case may be;
(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, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession Date of apartment, plot Possession or buildingthe Deemed Date of Possession, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Land or part thereof) has been received by or served upon the Promoter in respect of the said Project Land and/or the ProjectProject to the best of their knowledge and beliefs.
(xiii) The Project Land or any part thereof is not Waqf Property and/or Trust Property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on That the land provide details in presently mortgaged with IDBI Bank, Sevoke Road, Siliguri as security for loan availed by a partnership firm wherein the Directors of such encumbrances including the Promoter company are partners / interested; and the same shall be freed / released from the bank by the Promoter from their own source, without any rights, title, interest and name risk or responsibility of party in or over such land]the allottee.
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areasareas till the date of handing over of the project to the association of Allottees;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees or the competent authority, as Allottees once the case may besame being formed and Registered;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and irrespective of possession of apartment, plot or building, as the case may be, apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottees and the association of allottees Allottees or the competent authority, as the case may 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 property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby here represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;Project for Residential Purpose.
(iii) There are no encumbrances upon the said Land land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land].
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance incompliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;.
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, right title and interest of the Allottee created herein, may prejudicially be affected;.
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, will in any manner, affect the rights of Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ix) The Promoter Confirm that the Promoter is fully Authorized and restricted to construct and use their Land only for residential purpose.
(x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees Allottees or the competent authorityCompetent Authority, as the case may be;.
(xxi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;.
(xixii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges charges, and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate Completion Certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specificationsspecification, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees Allottees or the competent authorityCompetent Authority, as the case may be;. The Promoter shall not be liable to pay maintenance of unsold units till the units is sold out to the third parties.
(xiixiii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the row house [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment row house [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment row house [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment row house [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment row house [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment r ow house [ Apartment/Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of r ow house, apartment, plot or building, as the case may be, o f Lake Pearl Spring Phase-3 Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;; e xcept for the property tax and diversion rent etc., which will be levied on the
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, m arket the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights right to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; : [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]:
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;/Flat:
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Apartment/Flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment/Flat and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be by affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat which will, in any manner, affect the rights of Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/Flat to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;.
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or flat/building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; Said Land and the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Said Land or the Project; [In case there are, any encumbrances on Project save that some of the land provide details of such encumbrances including any rights, title, interest other Apartments and name of party in or over such land]other Car Parking Spaces may have been booked and/or agreed to be sold;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Said Land and Apartment [Apartment/Ploat] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement Agreement for sale Sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association said Association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association said Association of allottees Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) : The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) ; There are no encumbrances upon the said Land or the Project; [In case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) ] There are no litigations pending before any Court of law or Authority with respect to ot the said Land, Project or the Apartment;
(v) [Apartment / Plot]; All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and [Apartment / Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building building and [Apartment / Plot] and common areas;
(vi) ; The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) ; The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / arrangement with any person or party with respect to the said Landland, including the Project and the said [Apartment / Plot] which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) ; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment / Plot] to the Allottee in the manner contemplated in this Agreement;
(ix) ; At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the [Apartment / Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) ; The Schedule Property is property of not the subject matter of any HUF Hindu Undivided Family (HUF) and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the Schedule Property;
(xi) ; The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the be competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) ; and No notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification Order Notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or land and/ or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners have absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; [In case there are, Project except the Promoter has got a facility sanctioned by Paceman Sales Promotion Private Limited for providing loan to the Promoter for construction of the Project (hereinafter referred to as the “Financial Arrangement” which expression shall include any encumbrances on addition variation or modification of the land provide details of such encumbrances including loan so sanctioned and/or paid by the said Company or any rights, title, interest other bank or financial institution to the Promoter) by mortgaging the said Land and name of party in or over such land]the construction;
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. Further, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, 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 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 deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees Allottees upon the same being registered or the competent authority, authority as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of apartment, plot or building, as the case may be, designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the allottee and 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 propertyLand) has been 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 Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there areThat, any the said land is free from all encumbrances on except the land provide details mortgage of such encumbrances including any rightssome of the plots by the competent authority till the time of completion of the internal development of the said project, title, interest and name of party in or over such land]as per law.
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentPlot;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or buildingplot, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject except construction finance loan from HDFC Ltd being loan A/C No ; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations stay order pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of After execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and thereafter the common areas shall be handed over to the association of allottees or the competent authority, as the case may bebe as per the time period stipulated in the local laws;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion occupation certificate has been issued and or possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) apartment whichever is earlier has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;owner.
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter affecting the sale of the property 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 Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;/Pent Houses:
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Apartment/Pent Houses are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment/Pent Houses and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Pent Houses [Apartment/ROW- HOUSE]; which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Pent Houses [Apartment/ROW-HOUSE]; to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/Pent Houses[Apartment/ROW- HOUSE]; to the Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of Apartment/Pent Houses, [Apartment/ROW-HOUSE]; apartment, plot Apartment/Pent Houses [Apartment/ROW-HOUSE]; or building, as the case may be, of the “PHASE-07” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Apartment/Pent Houses in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
I. The (iPromoter) The [Promoter] has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) II. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;,
(iii) III. There are no encumbrances upon the said Land or the Project; [In , (in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land])
(iv) IV. There are no litigations pending before any Court court of law or Authority with respect to the said Landland, Project project or the (Apartment;/Plot)
(v) V. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and Apartment (Apartment/Plot) are valid and subsisting and have been obtained by following due process of law. Further, law further the Promoter has been and shall, shall at all times, times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment (Apartment/Plot) and common areas;.
(vi) VI. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) VII. The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Landland, including the Project and the said Apartment (Apartment/Plot) which will, will in any manner, manner affect the rights of Allottee under this Agreement;
(viii) VIII. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment (Apartment/Plot) to the Allottee in the manner contemplated in this Agreement;.
(ix) IX. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment (Apartment/Plot) to the Allottee and the common areas to the association Association of allottees the Allottees or the competent authority, authority as the case may be;,
(x) X. The Schedule schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, right title and claim over the Schedule Property;.
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) XI. No notice from the Government or any other local body or authority or any legislative enactment, enactment government ordinance, order, ordinance order notification (including any notice for acquisition or requisition of the said property) has been received receive by or served upon the Promoter in respect of the said Land land and/or the Projectproject.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners have absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. Further, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees Allottees upon the same being registered or the competent authority, authority as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Owner has absolute, clear and marketable title with respect to the said Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;,
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areasareas till the date of handing over of the project to the association of Allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and irrespective of possession of apartment, plot or building, as the case may be, apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may 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 propertySaid Land) has been 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 hereby respectively represents and warrants to the Allottee as follows:
(i) The [Promoter] 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 possession posses- sion of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There Save and except the 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; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the Designated Apartment;
(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. FurtherFur- ther, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed com- mitted or omitted to perform any act or thing, thing whereby the right, title and interest in- terest of the Allottee created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter 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 deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee and the common areas to the association of allottees Allot- tees upon the same being registered or the competent authority, 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, impositionsim- positions, premiums, damages and/or penalties and other outgoings, whatsoeverwhat- 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 apartment, plot or building, as the case may be, designated apart- ment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the allottee and 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 received re- ceived 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 Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject except construction finance loan from HDFC Ltd being loan A/C No ; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations stay order pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of After execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and thereafter the common areas shall be handed over to the association of allottees or the competent authority, as the case may bebe as per the time period stipulated in the local laws;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion occupation certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) apartment has been handed over to the allottee and the association of allottees or the competent authorityowner, as the case may be;whichever is earlier.
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter affecting the sale of the property 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 Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] /Land owner has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter Promoter/Land owner has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;Plot.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartmentPlot, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and the Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Owner has absolute, clear and marketable title with respect to the said Land; the and Promoter has requisite rights to carry out development upon the said Land and absolute, actual, actual physical and legal possession of the said Land for developing the ProjectProject with license to the Promoter to carry out the Project thereon;
(ii) The Owner and the Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land and the Project except the Promoter has got a facility sanctioned by _ for providing loan to the Promoter for construction of the Project (hereinafter referred to as the “Financial Arrangement” which expression shall include any addition or modification of the Project; [In case there are, any encumbrances on loan so sanctioned and/or paid by the land provide details of such encumbrances including any rights, title, interest bank or financial institution to the Promoter) by mortgaging the Project Land and name of party in or over such land]the construction;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Land or the ApartmentSaid Unit And Properties Appurtenant Thereto;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and Apartment the Said Unit And Properties Appurtenant Thereto are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject and the Said Unit And Properties Appurtenant Thereto and the Common Areas, said Land, Building and Apartment and common areasif any;
(vi) The Owner and the Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement (which is subsisting at present and save and except the Development Agreement) or any other agreement / arrangement with any person or party with respect to the said Land, including the Project Land and the said Apartment Said Unit And Properties Appurtenant Thereto which will, in any manner, affect the rights of Allottee under this Agreement;.
(viii) The Owner/Promoter confirms that the Owner/Promoter is are not restricted in any manner whatsoever from selling the said Apartment Said Unit And Properties Appurtenant Thereto to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit And Properties Appurtenant Thereto to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the association Association of allottees or the competent authority, as the case may beallottees;
(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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectLand.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as followsfollows :
(i) The [Promoter] Promoter has absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Projectproject;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon The Promoter has made the Allottee aware that the Promoter has obtained loan for construction of the Building Complex from Aditya Birla Finance Limited and Xxxxx Xxxxx Bank by creating charge on the said Land or Premises. For obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Project; [In case there are, any encumbrances Promoter may already have created mortgage and/or charge on the land provide details said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such encumbrances including any rightsmortgage and/or charge, titleif any, interest with intent that the Allottee, subject to his making payment of all the amounts payable hereunder or otherwise and name complying with his other obligations herein, will be acquiring title to the said Unit free of party in or over all such land]mortgages and charges created by the Promoter.
(iv) There are no litigations pending before any Court of law or Authority authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said Land, Building and Apartment Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the association Association of allottees the Allottees or the competent authority, as the case may be;
(x) The Schedule Property said Premises 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 Premises;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of apartment, plot Apartment or buildingProject, as the case may be, along with with, common areas (equipped with all the specificationsspecification, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has Promoter have absolute, clear and marketable title with respect to the said LandLarger Property; the requisite rights to carry out development upon the said Land Larger Property and absolute, actual, physical and legal possession of the said Larger Property Land for the ProjectSaid Complex;
(ii) The Promoter has have lawful rights and requisite approvals from the competent Authorities to carry out development of the ProjectSaid Complex;
(iiii i) There are no encumbrances upon the said Land Larger Property or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]Said Complex;
(iv) There are no litigations pending before any Court of law or Authority with respect to any adverse orders or restrictions impacting the said Land, Project or the ApartmentSaid Complex in any manner;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the ProjectSaid Complex, said Land Larger Property and Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectSaid Complex, said LandLarger Property, Building and Said Apartment and common areasCommon Areas;
(vi) The Promoter has have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(viiv i) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Said Land including the Project Said Complex and the said Said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiiv ii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring the said Said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance sale deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Said Apartment to the Allottee and the common areas Common Areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Propertysame;
(xi) The Promoter has have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Said Complex to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may beSaid Apartment, along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottee or the competent authority, as the case may bebe in accordance with the terms and conditions of this Agreement;
(xiix i) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyrequisition) has been received by or served upon the Promoter in respect of the said Said Land and/or the ProjectSaid Complex.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations of such a nature which may affect the project in any manner is/are pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;/Shop/Flat
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Apartment/Shop/Flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Apartment/Shop/Flat and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Shop/Flat which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling Saleing the said Apartment Apartment/Shop/Flat to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/Shop/Flat to the Allottee and the common areas to the association of allottees Allottee or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartmentApartment/Shop/Flat, plot Apartment/Shop/Flat or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association of allottees Allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Apartment/Shop/Flat in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Shops/Offices/Halls: [Apartment/ROW-HOUSE];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Shops/Offices/Halls [Apartment/ROW-HOUSE]; are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Shops/Offices/Halls[Apartment/ROW- HOUSE]; and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Shops/Offices/Halls [Apartment/ROW- HOUSE]; which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Shops/Offices/Halls [Apartment/ROW-HOUSE]; to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Shops/Offices/Halls[Apartment/ROW- HOUSE]; to the Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartmentShops/Offices/Halls,[Apartment/ROW-HOUSE] SHOPS/OFFICES/HALLS, plot or buildingShops/Offices/Halls[Apartment/ROW-HOUSE], as the case may be, of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Shops/Offices/Halls in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Vendor/Promoter hereby represents and warrants to the Allottee Allottee/s as follows:follows:-
(i) The [Promoter] Vendor 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 absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Vendor/Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendor/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Vendor/Promoter has the right to enter into this Agreement and has have not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected;
(vii) The Vendor/Promoter has have not entered into any agreement for of sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee/s under this Agreement;
(viii) The Vendor/Promoter confirms that the Vendor/Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee/s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed the Vendor/Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/s and the common areas to the association Association of allottees or the competent authority, as the case may beAllottee/s;
(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 Vendor/Promoter has have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoingsout goings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Vendor/Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement of Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Promoter has absolute, clear and marketable title right with respect to the said Land; Land and has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment/Villa ;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Apartment/Villa are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building building and Apartment Apartment/Villa and common areasCommon Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement / arrangement with any person or party with respect to the said Landland, including the Project and the said Apartment Apartment/Villa which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Villa to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/Villa to the Allottee Allottee. The Common Areas and the common areas facilities shall be handed to the association Association of allottees Allottees or the competent authority, as the case may be, after the completion of the entire Project and grant of completion certificate for the said Project;
(x) The Schedule Property said Apartment/Villa is not the subject matter of any HUF Hindu Undivided Family (HUF) and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the Schedule Propertysaid Apartment/Villa ;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the be competent Authorities till the completion certificate Occupancy Certificate has been issued and possession of apartment, plot said Apartment/Villa or building, as the case may be, along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee and the association Association of allottees Allottees or the competent authority, as the case may be;; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification Order Notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or and/ or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and the Promoter hereby jointly represents and warrants to the Allottee Allottee/s as follows:
(i) The [Promoter] has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners have absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or in the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee/s under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee/s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/s and the common areas to the association Association of allottees or the competent authority, as the case may beAllottee/s;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;Authorities.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Wakf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In in case there are, are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Unit and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee/Purchaser as followsfollows :
(i) The [Promoter] has Owner have absolute, clear and marketable title with respect to the said Land; premises and the Promoter/Developer has requisite rights to carry out development upon the said Land premises and absolute, the Promoter/Developer has actual, physical and legal possession of the said Land premises for the Project;
(ii) The Promoter Promoter/Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land premises or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land];
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Landpremises, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land premises and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter Promoter/Developer has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landpremises, Building and Apartment and common areas;areas till the date of handing over the Project to the Association of the Allottees.
(vi) The Promoter Promoter/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/Purchaser created herein, may prejudicially be affected;
(vii) The Promoter Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Landpremises, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee/Purchaser under this Agreement;
(viii) The Promoter Promoter/Developer confirms that the Promoter Promoter/Developer is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee/Purchaser in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter Promoter/Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee/Purchaser and the common areas to the association of allottees Allottee/ Purchaser or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee Allottee/Purchaser and the association Association of allottees Allottee/Purchaser 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 propertypremises) has been received by or served upon the Promoter Promoter/Developer in respect of the said Land premises and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows:
(i) The [Promoter] Landowner has absolute, clear and marketable title with respect to the said Said Land; the Promoter has requisite rights to carry out development upon of the said Land Project and absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) The Promoter Landowner has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said The Said Land or the Project; [In case there are, any encumbrances on the land provide details is currently mortgage in favour of such encumbrances including any rights, title, interest and name of party in or over such land]Indusind Bank.
(iv) There are no litigations pending before any Court court of law or Authority with respect to the said Said Land, Project or the Apartment;
(v) All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the Project, said Land and as well as for the Apartment being sold to the Allottee are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and as well as for the Apartment and common areasfor Common Areas as provided under Rule 2(1)(f) of Rules, 2017;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment for residential usage along with Parking (if applicable) to the Allottee and the common areas Allottee, Common Areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017;
(x) The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and/ or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the completion certificate offer of possession of Apartment has been issued as per the provisions of the Haryana Development and possession Regulation of apartmentXxxxx Xxxxx Xxx, plot or building0000, as the case may berules thereof, along with common areas (equipped with all the specifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and Common Areas as provided under Rule 2(1)(f) has been handed over to the allottee and the association of allottees or the competent authority, as the case may beRules;
(xii) No notice The Allottee hereby acknowledges that approximately 0.1975 (zero point one nine seven five) acres out of the Said Land is being acquired for the (i) 00 (xxxxxx) xxxxx xxxxxx xxxx (XXX), (xx) adjoining green belt, and (iii) service road as per the current alignment (“Land Acquisition”). Apart from the Government notices that have been received for the purposes of the Land Acquisition, no other notices 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 propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or and/ or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee’s as follows:
(i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;Plot
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee’s created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee Allottee’s under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee Allottee’s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee Allottee’s and the common areas to the association of allottees allottee’s or the competent authority, as the case may be;; only if the completion certificate has been obtained from the competent authority. The sale deed for the said plot..........................shall be executed for the sole purpose of procuring housing loan or to facilitate to take payments from the A llottee’s and the ownership rights and possession of the property shall be transferred to the Allottee’s only after full and final payment of the said plot has been done as per the payment schedule as mentioned in Schedule C.
(x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the completion certificate has been issued and possession of apartmentPlot, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be;
(xii) ; except for the property tax and diversion rent etc., which will be levied on the allottee from the date of registry of the plot in favour of the allottee by the promoter or from the last date of payment as mention in the payment schedule whichever is earlier. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject pertaining to the legality of the said project/land. And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows:
(i) The [Promoter] Owners has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(iii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;
(iiiiv) There are no encumbrances upon The Promoter has acquired the said Land or working fund for smooth continuation of the Project; [In case there areDevelopment and construction work of the project and the Promoter have mortgaged the subject property and the proposed project thereon named “XXXXX GALAXY” with “LIC Housing Finance Limited” at the condition that the amounts receivable out of the sale proceeds of the flats/office spaces/shops/parking spaces etc. will be deposited in the ESCROW A/C opened in the name / style of Xxxxxxxx Properties Private Limited Account No. 067502000005668 remained and maintained with the Indian Overseas Bank, any encumbrances on the land provide details of such encumbrances including any rightsStrand Road Branch, title, interest and name of party in or over such land]Kolkata.
(ivv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landland, Building building and Apartment and common areasareas till the date of handing over of the project to the association of Allottee(s);
(vivii) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected;
(viiviii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ixx) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee(s) and the common areas to the association Association of allottees or Allottee(s) once the competent authority, as the case may besame being formed and Registered;
(xxi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Propertysaid Land;
(xixii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the date of submission of Application for completion certificate has been issued and physical possession of apartment, plot apartment or the building, as the case may be, along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the allottee Allottee(s) and the association of allottees or the competent authority, as the case may beAllottee(s);
(xiixiii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement