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

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The 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 to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law 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 and Owner have not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 21 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee as follows: (i) The 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 ProjectProject as on the 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 Owner/Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 or the Allotteescompetent 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 along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may be; 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 21 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 20 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 Building, 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes andtaxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 13 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The 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 to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law 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 and Owner have not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 8 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 6 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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 and Owner have 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 the said Apartmentto 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 association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 5 contracts

Samples: Agreement for Sale, Sale Agreement, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law Law or Authority with respect to the said Land, Project or the Apartment; (v) All approvals, licenses licences 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 and Owner have 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 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 promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or and / or the Project; (xiii) That the property is not Waqf property.

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have 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 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and/ or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or 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 and the Owner hereby represents and warrants to the Allottee as follows: (i) 1. The 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) 2. The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) 3. There are no encumbrances upon the said Land Said Premises or the ProjectProject as on the Effective Date; (iv) 4. There are no litigations pending before any Court of law or Authority with respect to the said LandSaid Premises, Project or the Apartment; (v) 5. 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) 6. 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) 7. The Owner/Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) 8. The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said Apartmentto ownership rights of the Apartment to the Allottee in the manner contemplated in this Agreement; (ix) 9. 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 or the Allotteescompetent authority, as the case may be; (x) 10. 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) 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 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 along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may be; and (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 Owner/Promoter and Owner in respect of the said Land Said Premises 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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, Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows:follows:- (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;. (iv) There are no litigations pending before any Court of law 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 Apartmentare 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect after 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 Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 4 contracts

Samples: Agreement for Sale, Sale Agreement, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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. 6.1 The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) i. The Owner Promoter has absolute, clear and marketable title with respect to the said Landproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land project land and absolute, also has actual, physical and legal possession of the said Land project land for the implementation of the Project; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out carryout development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project; (iii) . There are no encumbrances known encumbrances, including boundary disputes, encroachments, and/or any right, title, interest or claim of any party in or over the said project land, if any, upon the said Land project land or the ProjectProject except those disclosed in the title report, so as to assign, convey, transfer and vest the portions of said project land unto the said Society or Body or the Apex Body with such title on the execution of the final transfer deeds of the said project land and/or the building; (iv) . There are no known litigations pending before any Court of law with respect to the said Land, project land or Project or except those disclosed in the Apartmenttitle report; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Landproject land, Building and Apartment Building/ wing and common areas; (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) . The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Landproject 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 Apartmentto 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 to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) x. 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 and Owner in respect of the said Land and/or project land and/ or the Project; (xiii) That Project except those disclosed in the property is not Waqf propertytitle report.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 3 contracts

Samples: Sale Agreement, Agreement for Sale of Flat, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 Building, 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; Project Land and the requisite rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said Project Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Project Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Project Land, Project or the ApartmentUnit/ Plot; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Project Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The 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 to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the 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 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of plot, 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner (Promoter) has absolute, clear and marketable title with respect to the said Landland; the requisite rights to carry out development upon the said Land land and absolute, actual, physical and legal possession of the said Land land for the Project; (ii) The 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 land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Landland, Project or the ApartmentUnit; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land 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 timestime, remain to be in compliance with all applicable laws law 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit, 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 Apartmentto 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 association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and/or possession of Unit as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee or the association of allottees or the competent authority, as the case may be; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land 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. 8.1 The Promoter and Owner Owners are hereby respectively represents and warrants to the Allottee as follows: (i) The Owner has Owners have 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 and absolute, actual, physical and legal possession of the said Land for the Project;Premises. (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 Premises and also upon the Allotted Apartment Provided that if any encumbrance is created by the Promoter for the purpose of taking construction finance for the Project from any Bank or Financial Institution then and in such event the Project;Promoter shall be obligated to cause to be redeemed/released the mortgage/charge on the Allotted Apartment from the mortgagee at or before the delivery of possession of the Allotted Apartment to the Allottee. (iv) There are no litigations pending before any Court of law 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 Owners/Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Premises including the Project and the said Allotted Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiivii) The Owners/Promoter confirms that the Promoter it is not restricted in any manner whatsoever from selling the said Apartmentto Allotted Apartment to the Allottee in the manner contemplated in this Agreement; (ixviii) At the time of or before the execution of the conveyance deed deed, 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 of subject to the Allottees;same being formed and becoming operationalization for the acts relating to the Common Purposes. (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;authorities till the completion certificate has been issued by the competent authority and shall pay proportionate share (attributable to the Allotted Apartment) thereof till the period mentioned in the intimation notice to the Allottee to take possession of the Allotted Apartment. (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 Owners/Promoter and Owner in respect of the said Land Premises and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 10.1. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) 10.1.1. The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) 10.1.2. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) 10.1.3. There are no encumbrances upon the said Land or the Project;Project save and except the charge created in favour of the financial institution : (iv) 10.1.4. There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (v) 10.1.5. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter 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) 10.1.6. 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) 10.1.7. The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) 10.1.8. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) 10.1.9. 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 Allotteescompetent authority, as the case may be; (x) 10.1.10. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) 10.1.11. The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) 10.1.12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner promoter hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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 Scheduled Land or the Project; (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project;. (xiii) That The Promoter shall not be responsible towards any third party making payments, remittances on behalf of any Allottee(s) and such third party shall not have any right in this Agreement, in any way and Promoter shall issue the property is not Waqf propertypayment receipts in favour of the Allottee(s) only.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 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 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 flat to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of flat, apartment, plot or building, as the case may be, of the 1st Phase of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the 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 and Owner in respect of the said Land and/or the Project; (xiii) That , pertaining to the property is not Waqf propertylegality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 Allottee(s) created herein, may prejudicially be affected; (vii) The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Plot/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner 8.1.1. the Promoter has absolute, clear and marketable title with respect to the said Phase IA Land; the requisite rights to carry out development upon the said Phase IA Land and has the absolute, actual, physical and legal possession of the said Phase IA Land for the ProjectPhase IA; (ii) The 8.1.2. the Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the ProjectPhase IA; (iii) There 8.1.3. there are no encumbrances upon the said Phase IA Land or Phase IA, save and except the encumbrances created in favour of the financial institution that has offered financial assistance to the Promoter for the Project; (iv) There 8.1.4. there are no litigations pending before any Court court of law or competent authority with respect to the said Phase IA Land, Project Phase IA or the Apartment; (v) All 8.1.5. all approvals, licenses and permits issued by the competent authorities with respect to the ProjectPhase IA, said Phase IA 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 Applicable Laws in relation to the ProjectPhase IA, said Phase IA Land, Building and Building, Apartment and common areasCommon Areas; (vi) The 8.1.6. 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) The 8.1.7. the Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement /arrangement with any person or party with respect to the said Phase IA Land, including the Project Phase IA and the said Apartment which will, in any manner, prejudicially affect the rights of the Allottee under this Agreement; (viii) The 8.1.8. the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At 8.1.9. 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 the AllotteesAllottee; (x) The Schedule Property 8.1.10. the Phase IA 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 PropertyPhase IA Land; (xi) The 8.1.11. 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 Phase IA to the competent Authorities;authorities till the completion certificate has been issued and possession of Apartment, along with Common Areas (equipped with all the specifications, amenities and facilities) has been offered to be handed over to the Allottee and the Association, respectively; and (xii) No 8.1.12. 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 propertyPhase IA Land) has been received by or served upon the Promoter and Owner in respect of the said Phase IA Land and/or the Project; (xiii) That the property Phase IA, which is not Waqf propertysubsisting.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 allottee/s or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;. (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 and Owner 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. 12.1 The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner 12.1.1 the Promoter has absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out development upon the said Said Land and has the absolute, actual, physical and legal possession of the said Said Land for the Project; (ii) The 12.1.2 the Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There 12.1.3 there are no encumbrances upon the said Said Land or the Project; (iv) There 12.1.4 there are no litigations pending before any Court court of law or competent authority with respect to the said Said Land, Project or the Apartment; (v) All 12.1.5 all approvals, licenses and permits issued by the competent authorities with respect to the Project, said 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 Applicable Laws in relation to the Project, said Said Land, Building and Building, Apartment and common areasCommon Areas; (vi) The 12.1.6 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) The 12.1.7 the Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of the Allottee under this Agreement; (viii) The 12.1.8 the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At 12.1.9 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 Common Areas to the Association of the AllotteesAssociation; (x) The Schedule Property 12.1.10 the Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule PropertySaid Land; (xi) The 12.1.11 the Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;authorities till the completion certificate has been issued and possession of Apartment, along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association, respectively; and (xii) No 12.1.12 no notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter and Owner in respect of the said Said Land and/or the Project;. (xiii12.1.13 it is also made known to the Allottee that the Promoter has taken or intends to take a loan from bank(s)/financial institution(s) That against security of the property Said Land and the construction having already been made and/or being made. The Promoter shall cause the said bank(s)/financial institution(s), if necessary, to issue no objection letter in favour of the Allottee to enable the Allottee to take loan from any bank or financial institution for financing the purchase of the Apartment and the Promoter further undertake that the Promoter shall cause the said bank(s)/financial institution(s) to release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the Apartment in favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances 12.2 The Promoter’s representations and warranties are qualified and limited by any information: 12.2.1 disclosed to the Allottee by the Promoter or its representatives; and/or 12.2.2 which is not Waqf propertyotherwise within the knowledge of the Allottee. 12.3 Subject to any Applicable Laws to the contrary and except as provided in Clause 12.2 above, all terms, conditions, representations, warranties and statements, whether express, implied, written, oral, collateral, statutory or otherwise, are excluded, and the Promoter disclaims all liability in relation to them, to the maximum extent permitted by Applicable Law.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) 8.1. The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) 8.2. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) 8.3. 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) 8.4. There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentthe[Apartment/Plot/Villa]; (v) 8.5. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment/Plot/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 and Apartment [Apartment/Plot/Villa] and common areas; (vi) 8.6. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) 8.7. The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot/Villa] which will, in any manner, affect the rights of Allottee under this Agreement; (viii) 8.8. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto [Apartment/Plot/Villa] to the Allottee in the manner contemplated in this Agreement; (ix) 8.9. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot/Villa] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) 8.10. 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) 8.11. The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) 8.12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 of Apartment, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title / authority with respect to the said Whole Project Land; the requisite authority and rights to carry out development upon the said Whole Project Land and absolute, actual, physical and legal possession of the said Whole Project 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 The property is free from all encumbrances upon the said Land or the Project; (iv) There and there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment‘Said Unit’; (viv) 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 and common areas‘Said Unit’; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment ‘Said Unit’ 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 Apartmentto ‘Said Unit’ to the Allottee in the manner contemplated in this Agreement; (ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment ‘Said Unit’ to the Allottee and the common areas areas/services to the Association association of Allottees once the Allotteessame being formed and Registered upon completion all phases; (xix) The Schedule Property ‘Said Unit’ is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project ‘Said Unit’ to the competent AuthoritiesAuthorities till the completion certificate has been issued irrespective of possession of ‘Said Unit’ has been taken over by the Allottee; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Sanctioned Land and/or the Project;‘Said Unit’. (xiiixii) That the property said land is not Waqf property.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows:follows:- (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;. (iv) There are no litigations pending before any Court of law 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect after 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 Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;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 and Owner 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, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 Land and Apartment the 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of plot, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society; (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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) i. The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) . There are no litigations pending before any Court of law with respect to the said Land, Project or the ApartmentPlot; (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot and common areasareas and Infrastructure 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 prejudicially be affected; (vii) . The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 and Infrastructure Facilities to the Association of the Allottees; (x) x. The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) . The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities, wherever applicable; (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 and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;Project The plot no. 1,2,3,4,5,6,7,8,9,20,22,26,27,29,32,33,41,42,43,45,46,47 of above said project are mortgaged with IFCI Ltd. and Xxxx Xx. 00,00,00,00,00,00,00,00,00,00,00,00,00 are mortgaged in the 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale (Ews)

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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 ProjectProject with AU Small Finance Bank Limited; (iviii) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentUnit; (viv) 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; (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 Allottee(s) created herein, may prejudicially be affected; (viivi) The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement; (viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement; (ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee Allottee(s) and the common areas to the Association of the AllotteesMaintenance Society; (xix) 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; (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 Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner has have absolute, clear and marketable title with respect to the said Land; 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; (iv) Project There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment; (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter 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 real esate project to the association of allottes; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ixviii) At the time of execution of the conveyance sale 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 once the Allotteessame being formed and Registered; (xix) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule 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 penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued irrespective of possession of apartment along with common areas (equipped with all the specifications, amenities and. facilities) has been handed over to the allottee and the association of allottees or not; (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 and Owner 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 and the Owner hereby represents and warrants to the Allottee as followsasfollows: (i) The Owner has absolute, clear and marketable title with respect to the said Land; the requisite therequisite 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; (iv) Project as on the 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) Apartmet 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 shallandshall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the tothe Project, said Land, Building and Apartment and common areasCommon Areas; (viiv) The Promoter has the right to enter into this Agreement and has not committed or committedor omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (viiv) The Owner/Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which willwhichwill, in any manner, affect the rights of Allottee under this Agreement; (viiivi) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said Apartmentto ownership rights of the Apartment tothe Allottee in the manner contemplated in this Agreement; (ixvii) At the time of execution of the deed of conveyance deed the Promoter shall handover lawfulhand overlawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association of or the Allotteescompetent authority, as the case may be; (xviii) 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; (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 along with Common Areas(equipped with all the specifications, amenities and facilities) has been handedover to the Allottee and the Association or the competent authority, as the case may be; and (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 Owner/Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Partnership Agreement, Partnership Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;. (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association of the Allottees;Allottee. (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 Flat/ 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 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Flat/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 Apartmentto 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 Flat to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;; and (xii) 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 2 contracts

Samples: Deed of Agreement for Sale Without Possession, Agreement for Sale Without Possession

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner has Owners have absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project;Project Loan save and except the Project Loan taken by the Promoter from M/S. RELIANCE HOME FINANCE LIMITED, having its office at Reliance Centre, 6th Floor, South Wing Xxx Xxxxxxx Xxxxxxx Xxxxxxx, Xxxxxxxxx Xxxx, Xxxxxx- 000000. (iv) There The following litigations are no litigations pending before any :- a) Title Suit No.21063 of 2011, 1st Civil Judge (Senior Division) Alipore, 00- Xxxxxxx (Xxxxx), Xxxx Xxxxxx. b) Title Suit No.199 of 2015, Civil Judge (Junior Division) 2nd Court Alipore, 24-Pargans (South), West Bengal. c) W.P. No.2703 (W) of law with respect to the said Land0000, Project or the Apartment;Xxx Xxxxxxxx Xxxx Xxxxx. (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 Allottee(s) created herein, may prejudicially be affected; (vii) The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat 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 Apartmentto [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 Apartment/Flat to the Allottee Allottee(s) and the common areas to the Association association of allottees, once the Allottees;same being formed and registered. (x) The Schedule said Land/Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/Flat along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 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 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Flat/Land 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 Apartmentto 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 Flat to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;; and (xii) 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 and Owner 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. 11.1 The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner 11.1.1 the Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Said Land and has the absolute, actual, physical and legal possession of the said Said Land for the Project; (ii) The 11.1.2 the Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There 11.1.3 there are no encumbrances upon the said Said Land or the Project, except for [●];1 (iv) There 11.1.4 there are no litigations pending before any Court court of law or competent authority with respect to the said Said Land, Project or the Apartment, save and except [●]; (v) All 11.1.5 all approvals, licenses and permits issued by the competent authorities with respect to the Project, said 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 the Applicable Laws in relation to the Project, said Said Land, Building and Building, Apartment and common areasCommon Areas; (vi) The 11.1.6 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) The 11.1.7 the Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment which will, in any manner, affect the rights of the Allottee under this Agreement; (viii) The 11.1.8 the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling leasing the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At 11.1.9 at the time of execution of the conveyance deed Lease Deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association of the AllotteesAssociation; (x) The Schedule Property 11.1.10 the Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule PropertySaid Land; (xi) The 11.1.11 the Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;authorities till the completion certificate or the occupancy certificate, as the case may be, has been issued and possession of Apartment, along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association, respectively; and (xii) No 11.1.12 no notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter and Owner in respect of the said Said Land and/or the Project;, which is subsisting. (xiii) That 11.2 The Promoter’s representations and warranties are qualified and limited by any information: 11.2.1 disclosed to the property Allottee by the Promoter or its representatives; and/or 11.2.2 which is not Waqf propertyotherwise within the knowledge of the Allottee. 11.3 Subject to any Applicable Law to the contrary and except as provided in Clause 11.1 above, all terms, conditions, representations, warranties and statements, whether express, implied, written, oral, collateral, statutory or otherwise, are excluded.

Appears in 1 contract

Samples: Lease Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or andlor development agreement or any other agreement / I 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and lor 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, For Xxxxx Xxxxxxx Buildwell Pvt. LId. ---J~cJ.~ Draft for RERA damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Propertyproperty; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment 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 Including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property...

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) 8.1 The Owner has Promoter have absolute, clear and marketable title with respect to the said Phase Land; the requisite rights to carry out the development upon the said Land thereon and absolute, actual, physical and legal possession of the said Land land for the ProjectSaid Land; (ii) 8.2 The Promoter has have lawful rights and requisite approvals from the competent Competent Authorities to carry out development of the ProjectSaid Phase; (iii) 8.3 There are no encumbrances upon the said Phase Land. 8.4 There is no litigation pending against the Land owners or the Project; (iv) There are no litigations pending before any Court of law with respect Promoter in relation to the said Land, Project or the Apartment;land. (v) 8.5 All approvals, licenses and permits issued by the competent authorities with respect to the ProjectSaid Phase, said the Phase Land and the 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 be, in compliance with all applicable laws in relation to the ProjectSaid Phase, said Said Land, Building the Said Block and the Apartment and the common areas; (vi) 8.6 The Promoter has 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 be prejudicially be affected; (vii) 8.7 The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the said Land, Said Land including the Project Said Phase and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;. (viii) 8.8 The Promoter confirms confirm that the Promoter is they are not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) 8.9 At the time of execution of the conveyance deed 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 AllotteesCompetent Authority, as the case may be; (x) 8.10 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) 8.11 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 Phase to the competent AuthoritiesCompetent Authorities till the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, is issued and possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of Allottees or the Competent Authority, as the case may be; (xii) 8.12 No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon any of the Promoter and Owner in respect of the said Said Land and/or the Project; (xiii) That the property is not Waqf propertySaid Phase.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 and Owner have has not entered into any agreement for sale and/or any other development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Apartment 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 Apartmentto 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 the Allotteesallottees; (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 Propertyproperty; (xi) The Promoter has duly paid and shall continue to pay until handover and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said Said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project;. (xiii) That the property Property is not Waqf propertyProperty.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which Plotwhich 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 Apartmentto Plotto the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of plot , along with common areas ) 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

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

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be ; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of Plot, apartment, Plot or building, as the case may be, of the “PHASE-01” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Plot in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That , pertaining to the property is not Waqf propertylegality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title / authority with respect to the said Whole Project Land; the requisite authority and rights to carry out development upon the said Whole Project Land and absolute, actual, physical and legal possession of the said Whole Project 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 The property is free from all encumbrances upon the said Land or the Project; (iv) There and there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment‘Said Unit’; (viv) 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 and common areas‘Said Unit’; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment ‘Said Unit’ 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 Apartmentto ‘Said Unit’ to the Allottee in the manner contemplated in this Agreement; (ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment ‘Said Unit’ to the Allottee and the common areas areas/services to the Association association of Allottees once the Allotteessame being formed and Registered upon completion all phases; (xix) The Schedule Property ‘Said Unit’ is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project ‘Said Unit’ to the competent AuthoritiesAuthorities till the completion certificate has been issued irrespective of possession of ‘Said Unit’ has been taken over by the Allottee; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Sanctioned Land and/or the Project; (xiii) That the property is not Waqf property‘Said Unit’.

Appears in 1 contract

Samples: Sale Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottees as followsfollows :- (i) The Owner 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; (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 Allottees created herein, may prejudicially be affected; (vii) The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee Allottees under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee Allottees in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottees and the common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottees 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 and Owner 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 and Owner hereby represents and warrants to the Allottee as followsfollows : (i) The Owner has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the 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;. (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; Project Land and the requisite rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said Project Land for the Project;. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out any outer development of the Project;. (iii) There are no encumbrances upon the said Land or the Project;Project Land. (iv) There are no litigations pending before any Court of law with respect to the said Project Land, Project Building or the Apartment;Unit. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project 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 the Applicable Laws in relation to the Project, said Land, Building Unit and Apartment Common Areas and common areas;Facilities of the Project. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected;. (vii) The Promoter and Owner have has not entered into any my agreement for sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the said Project Land, including the Project Building and the said Apartment Unit which will, . in any manner, affect . effect the rights of Allottee Allottee(s) under this Agreement;. (viii) The Promoter confirms that the Promoter is not restricted in any my manner whatsoever from selling the said Apartmentto Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed Conveyance Deed of the Unit the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the Association of the Allottees;AIIottee(s). (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 and /or no minor has any right, title and claim over the Schedule Property;Project Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other moniesmoney, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition authorities till completion certificate has been issued and possession of the said propertyUnit along with Common Area and Facilities of the Project (equipped with all specifications, amenities and facilities) has been received by or served upon handed over to the Promoter Allottee(s) and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf propertyResident’s Association Respectively.

Appears in 1 contract

Samples: Sale/Sub Lease Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1 The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner 8.1.1 the Promoter has absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out development upon the said Said Land and has the absolute, actual, physical and legal possession of the said Said Land for the Project; (ii) The 8.1.2 the Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There 8.1.3 there are no encumbrances upon the said Said Land or the Project; (iv) There 8.1.4 there are no litigations pending before any Court court of law or competent authority with respect to the said Said Land, the Project or the Apartment; (v) All 8.1.5 all approvals, licenses and permits issued by the competent authorities with respect to the Project, said the Said Land and the 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 Applicable Laws in relation to the Project, said Said Land, Building and Building, Apartment and common areasCommon Areas; (vi) The 8.1.6 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) The 8.1.7 the Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment which will, in any manner, prejudicially affect the rights of the Allottee under this Agreement; (viii) The 8.1.8 the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At 8.1.9 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 the AllotteesAllottee; (x) The Schedule Property 8.1.10 the Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule PropertySaid Land; (xi) The 8.1.11 the Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;authorities till the completion certificate/partial completion certificate has been issued and possession of the Apartment, along with Common Areas (equipped with all the specifications, amenities and facilities) has been offered to be handed over to the Allottee and the Association, respectively; and (xii) No 8.1.12 no notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter and Owner in respect of the said Said Land and/or the Project; (xiii) That the property , which is not Waqf propertysubsisting.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner promoter hereby represents and warrants to the Allottee allottee as follows: (i) The Owner promoter has absolute, clear and marketable title with respect to the said Landpremises; the requisite rights to carry out development upon the said Land premises and absolute, actual, physical and legal possession of the said Land premises for the Project;project. (ii) The Promoter promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project;project. (iii) There are no encumbrances upon the said Land premises or the Project;project. (iv) There are no litigations pending before any Court of law or authority with respect to the said Landpremises, Project project or the Apartment;office space. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land premises and Apartment office space are valid and subsisting and have been obtained by following due process of law. Further, Further the Promoter promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Projectproject, said Landpremises, Building building and Apartment office space and common areas;. (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, thing whereby the right, title and interest of the Allottee allottee created herein, may prejudicially be affected;. (vii) The Promoter and Owner have 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 project and the said Apartment office space which will, in any manner, affect the rights of Allottee the allottee under this Agreement;agreement. (viii) The Promoter promoter confirms that the Promoter promoter is not restricted in any manner whatsoever from selling the said Apartmentto office space to the Allottee allottee in the manner contemplated in this Agreement;agreement. (ix) At the time of execution of the conveyance deed the Promoter promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment office space to the Allottee allottee and the common areas to the Association association of allottees or the Allottees;competent authority, as the case may be. (x) The Schedule Property schedule 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 Property;schedule premises. (xi) The Promoter promoter has duly paid and shall continue to pay and discharge all governmental government dues, rates, charges and taxes and other moniesmoneys, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;authorities till the completion certificate has been issued and possession of office space along with common areas with all 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.the

Appears in 1 contract

Samples: Partnership Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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 ProjectProject as on the 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 Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 or the Allotteescompetent 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 along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may be; 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The That the Promoter has executed a development agreement (“DA”) on dated 28/06/2013 with Owner has absolute, clear for Xxxx Xx. X-00X and marketable title with respect to the said Land; the requisite rights to carry out development upon developer agreement got registered in office of sub registrar of registration Jaipur (2) on 1/07/2013, Book no.1, Zild no.851, page no.127 serial no. 2013052008168 and a copy of same affixed in additional book no.1,Zild no.3391,page no.222-248 and on 23/05/2013 with Owner and the said Land developer agreement got registered on 20/02/2014 in the office of additional collector(Stamp) Jaipur through certificate having serial No. 867 and absolute, actual, physical and legal possession registered vide Registration no.7062 on 19/02/2014 in office of the said Land for the Project;sub registrar of registration Jaipur. (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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land Premises and 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 to carry out development of the Project; (iii) There are no encumbrances upon the said Land Premises or the Project;. However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter may already have created mortgage and/or charge on the 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 Conveyance Deed, the Promoter assures to have the Apartment released from any such mortgage and/or charge, if any, with intent that the Allottee, subject to his making payment of all the amounts payable as per the Payment Plan annexed hereto and complying with his other obligations herein, will be acquiring title to the Apartment free of all such mortgages and charges created by the Promoter. (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 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Premises 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 Apartmentto 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 along with the Owner, handover the common areas to the Association of Allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or 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 Project to the competent Authorities;Authorities till the completion certificate has been obtained and possession of the Apartment has been taken over and/or the Deemed Date of Possession of the Apartment,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 propertyPremises) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the Occupancy/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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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, thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, 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 Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and. facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be: (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon either the Owner or the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate/ occupancy certificate as available has been issued and possession of apartment, , 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 of acquisition or requisition of the said property 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 and Owner in respect of the said Land and/or the Project;. (xiii) That All the property liabilities of the agreement is not Waqf propertysubject to changes requested or made by the allotee or occupants.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 11.1 The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner 11.1.1 the Promoter has absolute, clear and marketable title with respect to the said Said Land; the requisite rights to carry out for development upon the said Said Land and has the absolute, actual, physical and legal possession of the said Said Land for the Project; (ii) The 11.1.2 the Promoter has lawful rights and requisite approvals from the competent Authorities to carry out authorities for development of the Project; (iii) There 11.1.3 there are no encumbrances upon the said Said Land or the Project; (iv) There 11.1.4 there are no litigations pending before any Court court of law or competent authority with respect to the said Said Land, Project or the Apartment;. (v) All 11.1.5 all approvals, licenses and permits issued by the competent authorities with respect to the Project, said 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 the Applicable Laws in relation to the Project, said Said Land, Building and Building, Apartment and common areasCommon Areas; (vi) The 11.1.6 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) The 11.1.7 the Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment which will, in any manner, affect the rights of the Allottee under this Agreement; (viii) The 11.1.8 the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At 11.1.9 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 Common Areas to the Association of the AllotteesAssociation; (x) The Schedule Property 11.1.10 the Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule PropertySaid Land; (xi) The 11.1.11 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 by the Promoter with respect to the said project Project to the competent Authorities;authorities till the completion certificate or the occupancy certificate, as the case may be, has been issued and possession of Apartment, along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association, respectively; and (xii) No 11.1.12 no notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter and Owner in respect of the said Said Land and/or the Project;. (xiii) That 11.2 The Promoter’s representations and warranties are qualified and limited by any information: 11.2.1 disclosed to the property Allottee by the Promoter or its representatives; and/or 11.2.2 which is not Waqf propertyotherwise within the knowledge of the Allottee. 11.3 Subject to any Applicable Law to the contrary and except as provided in Clause 11.1 above, all terms, conditions, representations, warranties and statements, whether express, implied, written, oral, collateral, statutory or otherwise, are excluded.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter and Owner hereby respectively represents and warrants to the Allottee as follows: (i) The 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 Promoter 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 House Building and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court of or law or Authority with respect to the said Land, Project or the ApartmentDesignated Property; (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Designated House Building 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, Designated House 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 created herein, may prejudicially be affected; (vii) The Save and except the said Development Agreement and transfer of other portions of the Project to other persons, the Owner/Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment Designated Property 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 Apartmentto Designated House Building to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Designated House Building and the Designated Plot to the Allottee and the common areas to the Association association of allottees upon the Allotteessame being registered or the competent authority as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the Competent Authorities till the Completion certificate has been issued in respect of the Designated House Building and proportionate share (attributable to the Designated Property) thereof till the period mentioned in the intimation to the Allottee to take possession of the Designated Property along with use of common areas (equipped with all the specifications, amenities and facilities) which shall be handed over to the association of allottees when registered or the competent Authoritiesauthority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 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 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Flat to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 11.1 The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner 11.1.1 the Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Said Land and has the absolute, actual, physical and legal possession of the said Said Land for the Project; (ii) The 11.1.2 the Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There 11.1.3 there are no encumbrances upon the said Said Land or the Project, except for [●]; (iv) There 11.1.4 there are no litigations pending before any Court court of law or competent authority with respect to the said Said Land, Project or the Apartment, save and except [●]; (v) All 11.1.5 all approvals, licenses and permits issued by the competent authorities with respect to the Project, said 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 the Applicable Laws in relation to the Project, said Said Land, Building and Building, Apartment and common areasCommon Areas; (vi) The 11.1.6 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) The 11.1.7 the Promoter and Owner have has not entered into any agreement for sale sale/Lease 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 the Allottee under this Agreement; (viii) The 11.1.8 the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling leasing the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At 11.1.9 at the time of execution of the conveyance deed Lease Deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas to the Association of the AllotteesAssociation; (x) The Schedule Property 11.1.10 the Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule PropertySaid Land; (xi) The 11.1.11 the Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities;authorities till the completion certificate or the occupancy certificate, as the case may be, has been issued and possession of Apartment, along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association, respectively; and (xii) No 11.1.12 no notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter and Owner in respect of the said Said Land and/or the Project;, which is subsisting. (xiii) That 11.2 The Promoter’s representations and warranties are qualified and limited by any information: 11.2.1 disclosed to the property Allottee by the Promoter or its representatives; and/or 11.2.2 which is not Waqf propertyotherwise within the knowledge of the Allottee. 11.3 Subject to any Applicable Law to the contrary and except as provided in Clause 11.1 above, all terms, conditions, representations, warranties and statements, whether express, implied, written, oral, collateral, statutory or otherwise, are excluded.

Appears in 1 contract

Samples: Lease Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;Row House/Bungalow (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Row House/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 Row House/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, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Row House/Bungalow 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 Apartmentto Row House/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 Row House/ Bungalow to the Allottee and the common areas to the Association association of Allottee or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of Row House / Bungalow 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 Row House/Bungalow 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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 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 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 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot 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 Apartmentto Plot 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 Plot to the Allottee and the common areas to the Association of the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or 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; (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 and Owner in respect of the said Land and/or and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1 The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) 8.1.1 The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) 8.1.2 The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project; (iii) 8.1.3 There are no encumbrances upon the said Land or the Project; (iv) 8.1.4 There are no litigations pending before any Court of law with respect to the said Land, Project or the Apartment; (v) 8.1.5 All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter 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) 8.1.6 The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby where by the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) 8.1.7 The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) 8.1.8 The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ix) 8.1.9 At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, peaceful ,physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees; (x) The 8.1. 10The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee as followsfollows :- (i) The Owner 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;. (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 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 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 and Owner have has not entered into any agreement Agreement for sale and/or development agreement 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 Apartmentto Apartment 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 to the Allottee and the common areas to the Association association of Allottee or the Allottees;competent Authority, as the case may be. (x) The Schedule Property 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;SCHEDULE property. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental 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 the Apartment along with common areas (equipped with all the Specifications, amenities and facilities) has been handed over to the Allottee and the Association of Allottee or the competent Authority, as the case may be. (xii) No notice from the Government or any other local body or authority Authority or any legislative enactment, government ordinanceGovernment Order, order, notification Notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto Unit to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance transfer/sub lease/assignment deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the Association association of Allottee or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of unit, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of Allottee or the competent 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 propertySaid Land) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Wbhira Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The 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 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project project, except for the property tax, diversion rent, and any tax levied by local authorities for the particular Apartment, which will be levied on the Allottee from the date of registry of the sale deed of the Apartment in favour of the Allottee by the promoter or if 80% of the total consideration of the said Apartment has been done by the Allotte (in case the registry of the sale deed is not executed by the Allottee), to the competent AuthoritiesAuthorities till the completion certificate of the block in which the said Apartment exists has been issued and possession of apartment, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association 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 and Owner in respect of the th e said Land and/or the ProjectProject that which will, in any manner, affect the rights of Allottee under this Agreement; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner promoter hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for Landfor the Project; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of developmentof the Project; (iii) There are no encumbrances upon the said Land or the Project;: (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property;: (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment. plot or building, as the case may be, along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the allottee and the association of allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association association of allottees or the Allottees;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;Authorities till the completion certificate has been issued and possession of plot, with all the 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 and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) i. The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; (ii) . The Promoter has bas 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;: (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 association or the Allotteescompetent 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 AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment along with common areas (equipped with all the specifications. amenities and. facilities) has been handed over to the Allottee and the association or the competent authority, as the case may be; (xii) . No 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Land Owner has are absolute, clear and marketable title with respect to the said Land; Project Land and the requisite rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said 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;. (iv) There are no litigations pending before any Court of law or Authority with respect to the said thesaid Land, Project or the Apartment;Unit. (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 and Owner have 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 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 Apartmentto 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 and the common areas to the Association of the Allottees;Allottee(s). (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 and/ or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has beenissued and possession of the Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee andthe 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 ordinanceorder, court order, court stay, legal proceedings in court, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or and/ or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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 Projectis encumbered with JM Financial Credit Solutions Limited having its registered office at 0xx Xxxxx, Xxxxxx, Xxxxxxxxx Xxxxxxx Marg, Prabhadevi, Mumbai – 400 025 and Centrum Financial Services Limited having its registered office at 2nd Floor, Bombay Mutual Building, Dr. D.N. Road, Fort, Mumbai – 400 001 vide registered deeds of 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 association of allottees or the Allotteescompetent 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;Authorities till the completion certificate has been issued and possession of bungalow, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the 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 and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter / Owners 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; (iv) There are no litigations pending before any Court of law 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 and Owner have 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 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or 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; (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 and Owner in respect of the said Land and/or and / or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the Allottees; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not the Waqf propertyProperty.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Owner 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 any encumbrances 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; (In case litigation, give details) (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 the AllotteesMaintenance Society; (x) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authoritiesauthorities till the completion certificate has been issued and possession of the Plot / Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, 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 Apartmentto Plot to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee and the common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities;Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the association of allottees or the competent authority, as the case may be (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner 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 and Owner hereby represents and warrants to the Allottee Allottees as follows: (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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;: (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 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 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, thing whereby the right, title and interest of the Allottee Allottees created herein, may prejudicially be affected; (vii) The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment Flat which will, in any manner, affect the rights of Allottee Allottees under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Flat to the Allottee Allottees in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment Flat to the Allottee Allottees and the common areas to the Association association of Allotteesor the Allottees;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 government dues, rates, charges and taxes and other monies, levieslevis, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottees 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 and Owner 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 and Owner hereby represents and warrants to the Allottee as follows: (i) The Owner Promoter 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 has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project; (iii) There are Save and except for the declarations made by the Promoter before the Authority with regard to litigation, no encumbrances upon the said Land other legal proceeding or the Project; (iv) There are no litigations litigation is pending before any Court court of law with respect to the said Said Land, Project or the Apartment;. It is further represented that the litigations so disclosed, pertain to part of EWS Land and no part of the main residential building and amenities of the Project falls under the area of the land under litigation. Accordingly, the Promoter is fully entitled and empowered to create the right of the Allottee in the Apartment under this Agreement. (viv) 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; (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 and Owner have 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 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 Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement; (ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment for residential usage along with Parking (if applicable) to the Allottee and the common areas Allottee, Common Areas to the Association association of allottees or the Allotteescompetent 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 Authoritiesauthorities till the offer of possession of Apartment has been issued as per the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975, rules thereof, equipped with all the specifications, amenities, facilities as per the agreed terms and conditions and Common Areas as provided under Rule 2(1)(f) of Rules; (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 and Owner in respect of the said Said Land and/or and or the Project; (xiii) That , save and except as already disclosed before the property is not Waqf propertyRERA Authority at the time of registration.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee Allottee/Allottee(s) as follows: (i) : • The Owner [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) Land. • 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/Allottee(s) created herein, may prejudicially be affected; (vii) ; • The Promoter and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottee/Allottee(s) under this Agreement; (viii) ; • The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee 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/Allottee(s) and the common areas to the Association Society of Allottee/ Allottee(s) or the Allottees; (x) competent authority, as the case may be; • The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) ; • The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (xiiequipped with all the specifications, amenities and facilities) has been handed over to the Allottee/Allottee(s) and the Society of Allottee/Allottee(s) or the competent authority, as the case may be; • 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 and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter and Owner hereby respectively represents and warrants to the Allottee Allot- tee as follows: (i) The Owner 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 Save and except the construction finance from for construction of the Project by mortgaging the said Land and the construction, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; (iv) There are no litigations pending before any Court 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 com- mitted 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, 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 Apartmentto 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 association of Allot- tees upon the Allotteessame being registered or the competent authority as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAu- thorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the desig- nated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) which shall be handed over to the association of Allottees when registered or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received re- ceived by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. i. The Promoter Developer and/or Owners hereby represent and Owner hereby represents and warrants warrant to the Allottee Purchaser as follows: (i) a. The Owner has Owners have absolute, clear clear, and marketable title with respect to the said Land; property and the requisite rights to carry out development upon the said Land property and absolute, actual, physical physical, and legal possession of the said Land for the Project;. (ii) b. The Promoter Developer has lawful rights and requisite approvals from the competent Authorities authorities to carry out the development of the said Phase of the Project;. (iii) c. There are no encumbrances upon the said Land or Land, and/or the Project; (iv) There are d. no litigations are pending before any Court court of law with respect to or authority concerning the said Land, /Project or the Apartment;. (v) e. All approvals, licenses licenses, and permits issued by the competent authorities with respect to for the Project, said Project 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 about the Project, said Project Land, Building buildings and Apartment apartments, and common areas;the Common Areas. (vi) f. The Promoter Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title title, and interest of the Allottee created herein, may be prejudicially be affected;. (vii) g. The Promoter and Owner have Developer has not entered into any additional agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;. (viii) h. The Promoter Developer confirms that the Promoter Developer is not restricted in any manner whatsoever from selling the said Apartmentto Apartment to the Allottee in the manner contemplated in this Agreement;. (ix) i. At the time of execution of the conveyance deed Conveyance Deed, the Promoter Developer shall handover hand lawful, vacant, peaceful, physical possession of the Apartment said Unit to the Allottee and the common areas Common Areas, Amenities, and Facilities of the Project to the Association of Allottee or the Allottees;competent authority, as the case may be, after the completion of the Project. (x) j. 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 or claim over the Schedule Property;said Apartment. (xi) k. The Promoter Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes taxes, and other monies, levies, impositions, premiums, damages and/or penalties penalties, and other outgoings, whatsoever, payable with respect to concerning the said project Project to the competent Authorities;authorities till the completion certificate of the said Project has been issued and possession of apartment or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the association of Allottee or the competent authority, as the case may be. (xii) l. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, or notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf propertyProject Land.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and Owner hereby represents and warrants to the Allottee as follows:. (i) The Owner Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land 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; (iv) There are no litigations pending before any Court of law 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 and Owner have has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Apartmentto 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 Allotteescompetent authority, as the case may be; (x) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent AuthoritiesAuthorities till the occupancy 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 propertyLand) has been received by or served upon the Promoter and Owner in respect of the said Land and/or the Project; (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

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