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

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; there are no encumbrances upon the said Land or the Project; there are no litigations pending before any court of law with respect to the said Land, Project or the Unit; all approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and 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, Unit and Common Areas; 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; the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit to the Allottee in the manner contemplated in this Agreement; at the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee and the Common Areas to the Association of the Allottees; 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; 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 no notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 2 contracts

Samples: Buyer Agreement, Buyer Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the Promoter The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; there 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] There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the Unit[Apartment/Plot]; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit [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, Unit Building and Common Areas[Apartment/Plot] and common areas; the The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee and the Common Areas common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; the schedule property 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 propertySchedule Property; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent 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; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee Allottees as follows: the Promoter 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; the The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; there There are no encumbrances upon the said Land or the ProjectProject as on the Effective Date; there There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the UnitApartment; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit 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, Unit Building and Apartment and Common Areas; the 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; The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottees under this Agreement; The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said Unit ownership rights of the Apartment to the Allottee Allottees in the manner contemplated in this Agreement; at 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 Unit Apartment to the Allottee Allottees and the Common Areas to the Association of or the Allotteescompetent authority, as the case may be; the schedule property The 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; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project 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 Allottees and the Association or the competent authority, as the case may be; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee Allottees as follows: the Promoter 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; the The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; there are no encumbrances upon The Owner/ Promoter shall be entitled to take loans and/or financial assistance for the purpose of implementation and execution of the Project. For obtaining such loans and/or financial assistance from Banks/Financial Institutions/Housing Finance Companies or Corporate Bodies, the Owner/ Promoter shall be entitled to create a charge and/or mortgage in respect of the Premises in favour of the Banks/Financial Institutions/Housing Finance Companies or Corporate Bodies granting such loans. However, on or before the execution of the ‘Deed of Conveyance’ in respect of the said Land Flat Unit, a release/no objection/ clearance shall be obtained from the concerned Banks/Financial Institutions/Housing Finance Companies or Corporate Bodies regarding transfer of the Project; there said Flat Unit. There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the UnitApartment; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit 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, Unit Building and Apartment and Common Areas; the 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; The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottees under this Agreement; The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said Unit ownership rights of the Apartment to the Allottee Allottees in the manner contemplated in this Agreement; at 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 Unit Apartment to the Allottee Allottees and the Common Areas to the Association of or the Allotteescompetent authority, as the case may be; the schedule property The 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; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project 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 Allottees and the Association or the competent authority, as the case may be; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows: the Promoter has The Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners has absolute, actual, physical and legal possession of the said Land for with license to the ProjectPromoter to carry out the Project thereon; the The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; Save and except the overdraft loan facility obtained by the Promoter for construction of the several buildings in the Project and for which the Promoter have mortgaged by deposit of title deeds of the said Land to Axis Bank Ltd, there are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; there There are no litigations pending before any court of Court or law or Authority with respect to the said Land, Project or the UnitDesignated Apartment; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Unit Building and Common AreasDesignated Apartment and common areas; the 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; The Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement; The Owners/Promoter confirms that the Owners/Promoter is not restricted in any manner whatsoever from selling the said Unit Designated Apartment to the Allottee in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Unit Designated Apartment to the Allottee and the Common Areas common areas to the Association association of Allottees upon the Allotteessame being registered or the competent authority as the case may be; the schedule property 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 propertySchedule Property; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authoritiesAuthorities till the completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the designated apartment along with use of common areas (equipped with all the specifications, amenities and facilities) which shall be handed over to the association of Allottees when registered or the competent authority, as the case may be; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner/Vendor/Promoter hereby represents and warrants to the Allottee Allottee(s) as follows: the • The Owner/Vendor/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 said Project; the • The Owner/Vendor/Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Project; there • There are no encumbrances upon the said Land or the said Project; there • There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the UnitApartment; all • All approvals, licenses and permits issued by the competent authorities with respect to the said Project, said Land and Unit Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Vendor/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the said Project, said Land, Unit Building and Common AreasApartment and common areas; the • The Owner/Vendor/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; • The Owner/Vendor/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the said Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement; • The Owner/Vendor/Promoter confirms that the Owner/Vendor/ Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee Allottee(s) in the manner contemplated in this Agreement; at • At the time of execution of the conveyance deed the Owner/Vendor/ Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit said Apartment to the Allottee Allottee(s) and the Common Areas common areas to the Association association of Allottee(s) or the Allotteescompetent authority, as the case may be; the schedule property • 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 propertySchedule Property; the • The Owner/Vendor/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 said Apartment along with common areas has been handed over to the Allottee(s) and the Association of Allottee(s) or the competent authority, as the case may be; and no • No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project. • On or before the execution of this agreement the Allottee(s) has already seen and examined the said sanctioned plan, title deeds and all other necessary documents and has satisfied in respect of the said project/apartment and shall not be entitle to raise any query or objection thereto after executing this agreement and the Allottee(s) further agrees and undertakes to pay entire consideration money agreed to be paid as stated hereunder as well as all other various deposits and additional amounts as specified hereunder to the Owner/Vendor/ Promoter as indicated hereinunder and in case of any defaults notwithstanding anything contain herein the Owner/Vendor/Promoter at its own discretion take necessary action as deem fit and proper as per the applicable laws. • In case the Allottee(s) commits any kind of defaults in performing and observing covenants/obligations/commitments or like nature herein including all those payments the Allottee(s) entitle to pay as per this Agreement then in such event Owner/Vendor/Promoter reserves it’s each and every rights and authorities in respect to take any kind of penal action/actions as the may think fit and proper as per the provisions of the applicable Act or the Rules or Regulations time being in force. • Any covenant by the Allottee(s) not to do any act shall be deemed to include an obligation by the Allottee(s) that the Owner/Vendor/Promoter will not allow, suffer or permit the act to be done and the Owner/Vendor/Promoter further not to allow the Allottee(s) to do any kind of act/activity as a result of which one or more can suffer expressly or impliedly and will take action strictly in accordance with the prevailing laws and this agreement.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the The Promoter has 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; the The Promoter has have lawful rights and requisite approvals from the competent authorities Competent Authorities to carry out development of the ProjectSaid Phase; there There are no encumbrances upon the said Phase Land. There is no litigation pending against the Land owners or the Project; there are no litigations pending before any court of law with respect Promoter in relation to the said Land, Project or the Unit; all land. All approvals, licenses and permits issued by the competent authorities with respect to the ProjectSaid Phase, said the Phase Land and Unit 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, Unit the Said Block and Common Areasthe Apartment and the common areas; the 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; The Promoter 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 including the Said Phase and the Apartment which will, in any manner, affect the rights of Allottee under this Agreement. The Promoter confirms confirm that the Promoter is they are not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee and the Common Areas common areas to the Association of allottees or the AllotteesCompetent Authority, as the case may be; the schedule property The Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the schedule propertySaid Land; the 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; and no No notice from the Government or 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 in respect of the said Said Land and/or the ProjectSaid Phase.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the Promoter (i) The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; there (iii) There are no encumbrances upon the said Land or the Project; [in case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land] (iv) There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the Unit; all (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and 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 Unit and Common Areascommon areas; the (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said 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 Unit to the Allottee in the manner contemplated in this Agreement; at (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee and the Common Areas common areas to the Association association of Allottees or the Allotteescompetent authority, as the case may be; the schedule property (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 propertySchedule Property; the (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 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 Allottees or the competent authority, as the case may be; and no (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the The 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; the The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; 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; there are no litigations litigation is pending before any court of law with respect to the said Said Land, Project or the Unit; all 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. All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the Project, said Land and Unit 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 Landas well as for the Apartment and for Common Areas as provided under Rule 2(1)(f) of Rules, Unit and Common Areas2017; the The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; The Promoter has not entered into any agreement for sale and / or development agreement or any other agreement / arrangement with any person or party with respect to the Said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment for residential usage along with Parking (if applicable) to the Allottee and the 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; the schedule property The Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the schedule propertySaid Land; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or 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; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (( including any notice for acquisition or requisition of the said propertySaid Land ) has been received by or served upon the Promoter in respect of the said Said Land and/or and or the Project, save and except as already disclosed before the RERA Authority at the time of registration.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the Promoter The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the . The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; there 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] There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the Unit[Apartment / Plot]; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit [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, Unit building and Common Areas[Apartment / Plot] and common areas; the The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; The Promoter has not entered into any agreement for sale and / or development agreement or any other agreement / arrangement with any person or party with respect to the said land, including the Project and the said [Apartment / Plot] which will, in any manner, affect the rights of Allottee under this Agreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [Apartment / Plot] to the Allottee in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment / Plot] to the Allottee and the Common Areas common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; the schedule The Schedule property is of not the subject matter of any HUF Hindu Undivided Family (HUF) and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the schedule propertySchedule Property; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project to be competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authoritiesauthority, as the case may be; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification Order Notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or land and/ or the Project.

Appears in 1 contract

Samples: hprera.nic.in

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee Allottees as follows: the Promoter 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; the The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; there There are no encumbrances upon the said Land or the ProjectProject as on the Effective Date; there There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the UnitApartment; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit 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, Unit Building and Apartment and Common Areas; the 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; The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottees under this Agreement; The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said Unit ownership rights of the Apartment to the Allottee in Allotteesin the manner contemplated in this Agreement; at 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 Unit Apartment to the Allottee Allottees and the Common Areas to the Association of or the Allotteescompetent authority, as the case may be; the schedule property The 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; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, ,charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent authoritiesauthorities till the completion certificate has been issued and possession of Apartment along with CommonAreas(equipped with all the specifications, amenities and facilities) has been handed over to the Allottees and the Association or the competent authority, as the case may be; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee/Allottee(s) as follows: the Promoter • The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the • The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; there There are no encumbrances upon the said Land or the Project; there Land. • There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the UnitApartment; all • All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit 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, Unit Building and Common AreasApartment and common areas; the • The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee/Allottee(s) created herein, may prejudicially be affected; • The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee/Allottee(s) under this Agreement; • The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee Allottee/Allottee(s) in the manner contemplated in this Agreement; at • At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment the Allottee/Allottee(s) and the common areas to the Allottee and Society of Allottee/ Allottee(s) or the Common Areas to competent authority, as the Association of the Allotteescase may be; the schedule property • 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 propertySchedule Property; the • The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent 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/Allottee(s) and the Society of Allottee/Allottee(s) or the competent authority, as the case may be; and no • No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: A’ Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the Promoter The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the . The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; there . There are no encumbrances upon the said Land or the Project; Project;[in case there are no litigations pending before any court encumbrances on the land provide details of law with respect to the said Landsuch encumbrances including any rights, Project title, interest and name of party in or the Unit; all over such land. All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the ProjectProject(s) or phase(s), said Land and Unit as the case may be, as well as for the Plot being sold to the allottee(s) are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject(s) or phase(s), said Landas the case may be, Unit as well as for the Plot and Common Areasfor common areas as provided under Rule 2(1)(f) of Rules, 2017; the The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Plot which will, in any manner, affect the rights of Allottee(s) under this Agreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Plot to the Allottee Allottee(s) in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Plot to the Allottee and the Common Areas Allottee(s), 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; the schedule property The Plot 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 propertyPlot; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent authoritiesAuthorities till the offer of possession of plot has been issued, as the case may be and as per the provisions of the Haryana Development and Regulation of Xxxxx Xxxxx Xxx, 0000, 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, 2017; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyPlot) has been received by or served upon the Promoter in respect of the said Land and/or and/ or the Project.

Appears in 1 contract

Samples: ’s Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows: the The Promoter has absolute, clear and marketable title with respect to the said Land; Xxxxxxx the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for theProject; (In case the Project; Promoter is not owner of the Land, give details of collaboration with such owner) The Promoter has lawful rights and requisite approvals from the competent authorities competentauthorities to carry out development of the ProjecttheProject; there There are no encumbrances upon the said Land or the ProjecttheProject; (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) There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the UnittheUnit; all (In case litigation, give details) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and 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, Unit and Common Areascommonareas; the The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affectedbeaffected; The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Unit which will, in any manner, affect the rights of Allottee(s) under thisAgreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit to the Allottee Allottee(s) in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee Allottee(s) and the Common Areas common areas to the Association of the AllotteesMaintenance Society; the schedule property The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the schedule propertyScheduleProperty; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent authoritiesauthorities till the completion certificate has been issued and possession of the Apartment/ Plot along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Maintenance Society or the competent authority, as the case maybe; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjecttheProject.

Appears in 1 contract

Samples: Entire Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the Promoter The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the . The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; there 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] There are no litigations pending before any court Court of law or Authority with respect to ot the said Land, Project or the Unit[Apartment / Plot]; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit [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, Unit building and Common Areas[Apartment / Plot] and common areas; the The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; The Promoter has not entered into any agreement for sale and / or development agreement or any other agreement / arrangement with any person or party with respect to the said land, including the Project and the said [Apartment / Plot] which will, in any manner, affect the rights of Allottee under this Agreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [Apartment / Plot] to the Allottee in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment / Plot] to the Allottee and the Common Areas common areas to the Association association of allottees or the Allotteescompetent authority, as the case may be; the schedule The Schedule property is of not the subject matter of any HUF Hindu Undivided Family (HUF) and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the schedule propertySchedule Property; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said project to be competent Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the allottee and the association of allottees or the competent authoritiesauthority, as the case may be; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification Order Notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or land and/ or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: the Promoter The [Promoter] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; the The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project; there 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] There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the Unit[Apartment/Plot]; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit [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, Unit Building and Common Areas[Apartment/Plot] and common areas; the The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said [Apartment/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [Apartment/Plot] to the Allottee in the manner contemplated in this Agreement; at At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee and the Common Areas common areas to the Association association of allottees or the Allotteescompetent 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; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent 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; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owners hereby represents and warrants to the Allottee as follows: the Promoter has The Owners have absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the ProjectProject save and except the said Litigation; the The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; there There are no encumbrances upon the said Land or the ProjectProject as on the Effective Date save and except the said Litigation; there There are no litigations pending before any court Court of law or Authority with respect to the said Land, Project or the UnitApartment save and except the said Litigation; all All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Unit 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, Unit Building and Apartment and Common Areas; the 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; The Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; The Owners/Promoter confirms that the Owners/Promoter is not restricted in any manner whatsoever from selling transferring the said Unit ownership rights of the Apartment to the Allottee in the manner contemplated in this Agreement; at 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 Unit Apartment to the Allottee and the Common Areas to the Association of or the Allotteescompetent authority, as the case may be; the schedule property The 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; the The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project 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; and no No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

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