REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said 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 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(s) created herein, may prejudicially be affected; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may be; (x) The Schedule Property is not the subject 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; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of 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 order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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 is 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 areasareas till the date of handing over of the project to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) ALLOTTEE/ALLOTTEES as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights right to carry out development upon the said Land and absolute, actualactual , physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authority to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentDesignated Unit;
(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 Apartment, Parking and common areasareas ;
(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(s) ALLOTTEE/ALLOTTEES created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment or parking which will, in any manner, affect the rights of Allottee(s) ALLOTTEE/ALLOTTEES under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever manner, whatsoever, from selling the said Apartment Apartment/Parking to the Allottee(s) ALLOTTEE/ALLOTTEES 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 Designated Unit to the Allottee(s) ALLOTTEE and the common areas to the association of allottees or the competent authority, as the case may be;ALLOTTEE/ALLOTTEES(s).
(x) The Schedule Property is not the subject matters 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, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate has been issued and possession of 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 beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Waqf property.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The the Promoter has absolute, clear and marketable title with respect to the said Land and 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 there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentresidential unit;
(v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment residential 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 residential 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(s) Allottee created herein, may prejudicially be affected;
(vii) The the Promoter has not entered into any agreement 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 residential unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment residential unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At at the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment residential unit to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The the Schedule Property property is not the subject matters 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 the Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate has been issued and possession of 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;Authorities; and
(xii) No no notice from the Government or any other local body or authority or any legislative enactment, government Government Ordinance, order, notification (( including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or and/ or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land and Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities 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 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(s) Allottee created herein, may prejudicially be affected;
(viivi) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(xix) The Schedule Property Said Land is not the subject matters 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 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 irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land and Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities 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 areasareas till the date of handing over of the project to the association of Allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land and Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities 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 areasareas till the date of handing over of the project to the association of Allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or Allottees once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees Allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and Owners have marketable title with respect to the said Land and on the requisite rights to carry out development upon basis of the said Land devolution of title mentioned in Schedule-I hereto and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject created by the Promoter;
(iv) There are no litigations pending against the Promoter before any Court of law or Authority with respect to the said Land, Project or the Apartmentsaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities Corporation with respect to the Project, said Land and Apartment the 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 the said Unit and common areasCommon Areas;
(vi) The Owners and Promoter has have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest right of the Allottee(s) Allottee created herein, may prejudicially be affected;.
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(s) 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 said Unit to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property said Unit is not the subject matters 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 Unit;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project Premises to the competent authorities Corporation 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 beCompletion Certificate is issued;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyUnit) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 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 Land 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities 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 allottee and the Association association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter Owners has absolute, clear and marketable title with respect to the said 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 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 Landland, Building building and Apartment and common areasareas till the date of handing over of the project to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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(s) and the common areas to the association Association of allottees or Allottee(s) once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Propertysaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the date of submission of Application for completion certificate has been issued and physical possession of apartment or the Apartment. building, as the case may be, along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may beallottees;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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 theApartment to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. along Apartmentalong 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 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, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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;Project except as described in Para 18 hereinafter.
(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(s) Allottee created herein, may prejudicially be affected;.
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association Association of allottees Allottees or the competent authority, as the case may be;.
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the occupancy or completion certificate has been issued and possession of apartment, or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association of allottees Allottees or the competent authority, as the case may be;.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The : the Promoter has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The ; the Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There ; there are no encumbrances upon the said Land or the Project;
(iv) There ; there are no litigations pending before any Court court of law or Authority with respect to the said Land, Project or the Apartment;
(v) All Unit; 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 Unit and Apartment and common areas;
(vi) The 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to ; the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At ; at the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee(s) Allottee and the common areas Common Areas to the association Association of allottees or the competent authority, as Allottees; the case may be;
(x) The Schedule Property schedule property is not the subject matters 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 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 project to the competent authorities till the completion certificate has been issued authorities; 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 no notice from the Government or any 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
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) i. The Promoter has Owners have absolute, clear and marketable title with respect to the said Land and Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) . The Promoter has lawful rights and requisite approvals from the competent authorities 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 areasareas till the date of handing over of the project to the association of Allottes;
(vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) . The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or Allottees once the competent authority, as the case may besame being formed and Registered;
(x) x. The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) . The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of whether possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees Allottees or the competent authority, as the case may benot;
(xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
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 the Owner hereby represents and warrants to the Allottee(s) Allottees as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject 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(s) Allottees created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottees under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allottee(s) Allottees in the manner contemplated in this Agreement;
(ix) At the time of execution of the deed of conveyance deed the Promoter shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee(s) Allottees and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be;
(x) The Schedule Property Land is not the subject matters 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 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 to the competent authorities till the completion certificate has been issued and possession of the Apartment. Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee Allottees and the Association of allottees or the competent authority, as the case may be;; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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;Project except as described in Para 18 hereinafter.
(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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association Association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of apartment, or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association of allottees Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and/or Owners hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Project Land and the Phase Land and the Promoter has the requisite rights to carry out development upon the said Project Land and Phase Land and has absolute, actual, physical and legal possession of the said Project Land and the Phase Land for the said Phase of the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;
(iii) There are no encumbrances upon the said Land or Land, and/or the Project
(iv) It is also made known to the Allottee that the Promoter has taken or intends to take a loan from bank(s)/financial institution(s) against security of the Said Land and the construction having already been made and/or being made. The Promoter shall cause the said bank(s)/financial institution(s), if necessary, to issue no objection letter in favour of the Allottee to enable the Allottee to take loan from any bank or financial institution for financing the purchase of the Apartment and the Promoter further undertake that the Promoter shall cause the said bank(s)/financial institution(s) to release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the Apartment in favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances;
(ivv) There are no litigations pending before any Court court of law or Authority authority with respect to the said Land, /Project or the Apartment;
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the said Phase of 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 the Project, said Project Land, Building buildings and Apartment apartment and common areasthe Common Areas;
(vivii) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may be prejudicially be affected;
(viiviii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Project Land, including the Project said Phase and the said Apartment which will, in any manner, affect the rights of Allottee(s) the Allottee under this Agreement;
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ixx) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the association Association of allottees or the competent authority, as the case may be;, after the completion of the Project.
(xxi) The Schedule Property said Apartment is not the subject matters 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 Apartment;
(xixii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project Phase to the competent authorities till the completion certificate of the Phase has been issued and possession of apartment or building, as the Apartment. 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 association of allottees or the competent authority, as the case may be;.
(xiixiii) No notice from the Government or any other local local, body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Land) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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[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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [UNIT] which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [UNIT] to the Allottee(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 the[UNIT] to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. UNIT along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants warranties to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said project Land and the requisite rights to carry out development upon the said 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 to carry out development of the Project;
(iii) There are no encumbrances upon the said project Land or the ProjectProject except specifically mentioned in this agreement;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Project Land, Project or the ApartmentFlat;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project 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;; For Xxxxxx Buildcon
(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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Flat/ Flat which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Flat to the 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 Flat to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of 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 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 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.. For Xxxxxx Buildcon
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee/s as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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 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(s) Allottee/s created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee/s under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee/s and the common areas to the association of allottees Allottee/s or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the Apartment. 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 Association association of allottees Allottee/s or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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 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 Said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Said Unit and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale transfer and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring the said Apartment Said Unit to the Allottee(s) 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 Said Unit to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of the Apartment. Said Unit, along with common areas (equipped with all the specifications, . amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may bebe in accordance with the terms and conditions of this Agreement;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) i. The Promoter has absolute, clear and marketable title with respect to the said Land and project land; a s d e c l a r e d i n t h e t i t l e r e p o r t a n n ex e d to t h i s a g r e e m e n t an d ha s 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 Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;
(iii) . There are no encumbrances upon the said Land project land or the ProjectProject except those disclosed in the title report;
(iv) . There are no litigations pending before any Court of law or Authority 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(s) 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 Landproject land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment c o m m o n a r e a s o f t h e S t r u c t u r e to the Allottee(s) and Association of the common areas to the association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property is not the subject 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;
(xi) x. The Promoter has duly paid and shall continue to pay and discharge all u n d i s p u t e d governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate has been issued and possession of 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 beAuthorities;
(xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land project land and/or the ProjectProject except those disclosed in the title report.
Appears in 2 contracts
Samples: Model Agreement Between Promoter and Allottee, Model Agreement Between Promoter and Allottee
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter ‘Promoter’ has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter ‘Promoter’ 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 Land and Apartment Plot and the common areas;
(vi) The Promoter ‘Promoter’ has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter ‘Promoter’ has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter ‘Promoter’ confirms that the Promoter ‘Promoter’ is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter ‘Promoter’ shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 ‘Promoter’ has duly 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 plot or project, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment/Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment] to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and Xxxxxxx the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the ProjecttheProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities competentauthorities to carry out development of the ProjecttheProject;
(iii) There are no encumbrances upon the said Land or the ProjecttheProject;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmenttheUnit;
(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 areasare as;
(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(s) created herein, may prejudicially be affectedbeaffected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / 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(s) under this AgreementthisAgreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the 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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject 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 PropertyScheduleProperty;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 Maintenance Society or the competent authority, as the case may bemaybe;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government 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: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has have absolute, clear and marketable title with respect to the said Land and Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the ProjectSaid Complex;
(ii) The Promoter has have lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectSaid Complex;
(iii) There are no encumbrances upon the said Said Land or the Project;Said Complex:
(iv) There are no litigations pending before any Court of law or Authority with respect to any adverse orders or restrictions impacting the said Land, Project or the ApartmentSaid Complex in any manner;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the ProjectSaid Complex, said Said Land and Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectSaid Complex, said Said Land, Building and Said Apartment and common areas;Common Areas
(vi) The Promoter has have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Said Land including the Project Said Complex and the said Said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring the said Said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance sale deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Said Apartment to the Allottee(s) Allottee and the common areas Common Areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project Said Complex to the competent authorities Authorities till the completion certificate has been issued and possession of the Apartment. Said Apartment , along with common areas Common Areas (equipped with all the specifications, . amenities and and. facilities) has been handed over to the Allottee and the Association association of allottees or the competent authority, as the case may bebe in accordance with the terms and conditions of this Agreement;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Said Land and/or the ProjectSaid Complex.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter M/S XXXXXXX BUILDERS has absoluteentered into a DEVELOPMENT AGREEMENT with the land owners Xx. Xxxxxx Xxxxxx & Xx. Xxxx Xxxxxx S/o Late Shri Xxxxxxxxx Xxxxx Xxxxxx vide a registered document bearing registration no page no Book No 1 / 1334 /124 serial no 2016000659 dated 01/02/2017, clear and marketable title with respect by virtue of which the promoter has an absolute right to build a multistoried building on the said 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;land.
(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;
Unit; (v) All 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;
(viiv) 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(s) created herein, may prejudicially be affected;
(viiv) 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(s) under this Agreement;
(viiivi) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(s) in the manner contemplated in this Agreement;
(ixvii) 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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(xviii) The Schedule Property is not the subject matters of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;
(xiix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 Maintenance Society or the competent authority, as the case may be;
(xiix) No notice from the Government or any other local body or authority or any legislative enactment, government 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 to Sell
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) i. The Promoter has Owner have absolute, clear and marketable title with respect to the said Land and Project Land; Promoter has the requisite authority and rights to carry out development upon the said Project Land and absolute, actual, physical and legal possession of the said Land for the ProjectProject Land;
(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 Apartment;
(v) v. All approvals, licenses and permits issued by the competent authorities with respect to 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 the Project, said Project Land, Building and Apartment and common areasareas till the date of handing over of the project to the association of Allottes;
(vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) . The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) . The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) . At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or Allottees once the competent authority, as the case may besame being formed and Registered;
(x) x. The Schedule Property Said Project Land is not the subject matters 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 Project Land;
(xi) . The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of whether possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees Allottees or the competent authority, as the case may benot;
(xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Land) has been received by or served upon the Promoter in respect of the said Project Land and/or the Project.
xiii. That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) ALLOTTEE/ALLOTTEES as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights right to carry out development upon the said Land and absolute, actualactual , physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authority to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentDesignated Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment APARTMENT are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment APARTMENT, Parking and common areasareas ;
(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(s) ALLOTTEE/ALLOTTEES created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment APARTMENT or parking which will, in any manner, affect the rights of Allottee(s) ALLOTTEE/ALLOTTEES under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever manner, whatsoever, from selling the said Apartment APARTMENT/Parking to the Allottee(s) ALLOTTEE/ALLOTTEES 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 Designated Unit to the Allottee(s) ALLOTTEE and the common areas to the association of allottees or the competent authority, as the case may be;ALLOTTEE/ALLOTTEES(s).
(x) The Schedule Property is not the subject matters 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, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate has been issued and possession of 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 beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land and 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 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 areasareas till the date of handing over of the Residential Complex – Phase I to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and issued, irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations 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/Bungolow
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Row House/Bungolow/shop/flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Row House/Bungolow/shop/flat and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Row House/Bungolow/shop/flat which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Row House/Bungolow/shop/flat to the Allottee(s) 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/Bungolow/shop/flat to the Allottee(s) Allottee and the common areas to the association of allottees Allottee or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of Row House/Bungolow, Row House/Bungolow/shop/flat or building, as the Apartment. 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 association of allottees Allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Row House/Bungolow/shop/flat in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Plot] to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities 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 allottee and the Association association of allottees or the competent authority, as the case may be;allottees.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said 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(s) as follows:
(i) The Promoter has Owners have absolute, clear and marketable title with respect to the said 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 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 Apartmentsaid Xxxxx;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment said 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 said Villa 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Villa which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Villa to the 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 said Villa to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property said Land is not the subject 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 Propertyschedule property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. said Villa along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee Allottee(s) and the Association of allottees Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of 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;issued.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government 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(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to of the said Land and Said Premises, the requisite rights to carry out development upon the said Land Said Premises and absolute, actual, physical and legal possession of the said Land Said Premises for the Project;.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land Said Premises or the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said LandSaid Premises, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Xxxx Xxxxxxxx and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said LandSaid Premises, Building and Apartment and common areasthe Common Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) 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 LandSaid Premises, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas Common Areas to the association of allottees or the competent authority, as the case may beallottees;
(x) The Schedule Property schedule property being the Said Premises is not the subject matters 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 Propertyschedule property being the Said Premises;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the 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 beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Premises) has been received by or served upon the Owner and/or the Promoter in respect of the said Land Said Premises and/or the Project;
xiii) That the Said Premises is not a Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the Apartment;Villas:
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Villas are valid and subsisting and have been obtained by 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 Villas 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Villas which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Villas to the Allottee(s) 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 Villas to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of Villas, apartment, Villas or building, as the Apartment. case may be, of the “PHASE-02” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Villas in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land and Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities 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 areasareas till the date of handing over of the project to the association of Allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or Allottees once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees Allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and/or the Promoter hereby represents represent and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and Owners have marketable title with respect to the said Land Land; and the Xxxxxxxx has requisite rights to carry out development upon the said Land and absolute, actual, actual physical and legal possession of the said Land for developing the 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 and the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Land or the ApartmentSaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and Apartment are the Said Unitare valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the ProjectProject and the Said Unitand the Common Areas, said Land, Building and Apartment and common areasif any;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Save and the except the agreement between the Owners and the Promoter, the Owners/Promoter has 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 Land and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viii) The Owners/Promoter confirms that the Owners/Promoter is are not restricted in any manner whatsoever from selling the said Apartment Said Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit to the Allottee(s) Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the association Association of allottees or the competent authority, as the case may be, after the completion of the Project;
(x) The Schedule Property Land is not the subject 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;Said Land.
(xi) The Owners/Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, outgoings whatsoever payable with respect to the said Project to the Authority till Occupancy Certificate or Completion Certificate or such other certificate by whatever name called issued by the competent authorities till authority under the completion certificate Act for the Project has been issued and the possession of the Apartment. along Bungalow/Row house long with common areas the Common Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees the 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 Owners/Promoter in respect of the said Land and/or the Project.
(xiii) That the Property is not a Wakf Property
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areasareas till the date of handing over of the real esate project to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The the Promoter has absolute, clear and marketable title with respect to the said Land and 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 Barring the approvals listed at attachment D, the Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the ProjecttheProject;
(iii) There are no encumbrances upon the said Land or the Project;
(iv) There there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentresidential unit;
(v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment residential 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 residential 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(s) Allottee created herein, may prejudicially be affected;
(vii) The the Promoter has not entered into any agreement 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 residential unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment residential unit to the Allottee(s) Allottee in the manner contemplated in this AgreementthisAgreement;
(ix) At at the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment residential unit to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The the Schedule Property property is not the subject matters 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 PropertyScheduleProperty;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent 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 allottees or the competent authority, as the case may be;Authorities; and
(xii) No no notice from the Government or any other local body or authority or any legislative enactment, government Government Ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or and/ or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the “EWS” UNIT [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment “EWS” 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, Building and Apartment “EWS” UNIT [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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment “EWS” UNIT [Apartment/Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment “EWS” UNIT [Apartment/Plot] to the Allottee(s) 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 “EWS” UNIT [Apartment/Plot] to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of “EWS” UNIT, apartment, plot or building, as the Apartment. case may be, of the “PHASE-03” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the “EWS” UNIT in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the row house [Apartment/ROW-HOUSE];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment row house [Apartment/ROW-HOUSE] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment row house [Apartment/ROW-HOUSE] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment row house [Apartment/ROW-HOUSE] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment row house [Apartment/ROW-HOUSE] to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment row house [Apartment/ROW-HOUSE] to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of row house, apartment, ROW-HOUSE or building, as the Apartment. case may be, of the “PHASE-02” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the row house in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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 the[Apartment/Plot] to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 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(s) as follows:
(i) The Promoter has owners have absolute, clear and marketable title with respect to the said 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 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;and/or
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the 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(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 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. a) The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(ib) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land and entire 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;
(iic) The Promoter has have lawful rights and requisite approvals from the competent authorities Competent Authorities to carry out development of the Said Project;
(iiid) There are no encumbrances upon the said Said Land.
e) There is no litigation pending against the Land owners or the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect Promoter in relation to the said Land, Project or the Apartment;land.
(vf) All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, said the entire 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 Said Project, said Land, Building Said Land and the Apartment and the common areas;.
(vig) 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(s) Allottee created herein, may be prejudicially be affected;
(viih) 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 Project Said Land and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viiii) The Promoter confirms confirm that the Promoter is they are not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ixj) 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(s) Allottee and the common areas to the association Association of allottees or the competent authorityCompetent Authority, as the case may be;
(xk) The Schedule Property Said Land is not the subject matters 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;
(xil) 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 Said Project to the competent authorities Competent Authorities till the occupancy certificate or the completion certificate has been certificate, as the case may be, is issued and possession of the Apartment. 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 Allottees or the competent authorityCompetent Authority, as the case may be;
(xiim) No notice from the Government or 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 Said Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the [Apartment;
(v) ]; All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment] and common areas;
(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(s) Allottee created herein, may prejudicially be affected;
(viivi) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allottee(s) 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 ] to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(xix) The Schedule Property is not the subject matters 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;
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate has been issued and possession of 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 beAuthorities;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the Apartmentflat/ parking;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment flat/ parking are valid and subsisting and have been obtained by 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/ parking 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment flat/ parking which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment/Plot] to the Allottee(s) 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(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property is not the subject matters 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 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 allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title t it le with respect to the said Land and Land; the requisite rights r ights 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 r ights 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 lit igations 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 Apartmentare valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all timest xxxx, 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 r ight to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the rightr ight, title t it le and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights r ights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to Apartmentto the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time t ime of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any rightr ight, title t it le and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall s hall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositionsimposit ions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate has been issued and possession of 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 beAuthorit ies;
(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 requisit ion of the said property) has been received by or served upon the t he Promoter in respect of the said Land and/or the Project;
xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(ia) The Promoter has absolute, clear and marketable Promoters title with respect to the said Project Land is absolute, clear and marketable; and the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Project Land for the said Project;.
(iib) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the said Project;.
(iiic) There are no encumbrances upon the said Project Land or the said Project;.
(ivd) There are no litigations pending before any Court of law or Authority with respect to the said Project Land, said Project or the said Shop/said Apartment;.
(ve) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and the said Shop/said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building Project and the said Shop/said Apartment and common areas;.
(vif) 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(s) Allottee created herein, may prejudicially be affected;.
(viig) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Project Land, the said Project, including the Project and the said Shop/said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viiih) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Shop/said Apartment to the Allottee(s) 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(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xii) The Promoter has duly 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/occupancy certificate has been issued and possession of said Shop/said Apartment, or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and and/or the Association of allottees Society/Association/or the competent authorityany Legal Entity, as the case may be;.
(xiij) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Land) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable andmarketable title with respect to the said Land and the requisite rights to carry out development upon the said Land and Landand 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 oflaw or Authority with respect withrespect 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the andthe said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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(s) and the undivided proportionate share of common areas to the association of allottees or the competent authority, as the case may be;
(x) allottee(s). The Schedule Property is not the subject 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;
(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 thesaid Project to the competent authorities till the completion certificate completioncertificate has been issued and possession of the Apartment. 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;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government order, notification (including any notice for acquisition or requisition of requisitionof the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:BUILDER/ DEVELOPER
(i) The Promoter Promoter/ Builder/ Developer has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter Promoter/ Builder/ Developer has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land 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/ parking;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment flat/ parking are valid and subsisting and have been obtained by following due process of law. Further, the Promoter Promoter/ Builder/ Developer has been and shall, at all times, remain to be in compliance with all applicable al lapplicable laws in relation to the Project, said Land, Building and Apartment flat/ parking and common areas;
(vi) The Promoter Promoter/ Builder/ Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter Promoter/ Builder/ Developer has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment flat/ parking which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter Promoter/ Builder/ Developer confirms that the Promoter Promoter/ Builder/ Developer is not restricted in any manner whatsoever from selling the said Apartment to [Apartment/Plot]to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter Promoter/ Builder/ Developer shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment/Plot] to the Allottee(s) theAllottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property is not the subject matters 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 claimover the Schedule Property;
(xi) The Promoter Promoter/ Builder/ Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities 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 beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.or
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land and 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 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 areasareas till the date of handing over of the project to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of Sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and/or the Promoter hereby represents represent and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and Owners have marketable title with respect to the said Land Land; and the Xxxxxxxx has requisite rights to carry out development upon the said Land and absolute, actual, actual physical and legal possession of the said Land for developing the 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 and the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Land or the ApartmentSaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and Apartment the 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 ProjectProject and the Said Unit and the Common Areas, said Land, Building and Apartment and common areasif any;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Save and the except the agreement between the Owners and the Promoter, the Owners/Promoter has 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 Land and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viii) The Owners/Promoter confirms that the Owners/Promoter is are not restricted in any manner whatsoever from selling the said Apartment Said Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit to the Allottee(s) Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the association Association of allottees or the competent authority, as the case may be, after the completion of the Project;
(x) The Schedule Property Land is not the subject 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;Said Land.
(xi) The Owners/Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, outgoings whatsoever payable with respect to the said Project to the Authority till Occupancy Certificate or Completion Certificate or such other certificate by whatever name called issued by the competent authorities till authority under the completion certificate Act for the Project has been issued and the possession of the Apartment. along Residential Complex/ Flats long with common areas the Common Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees the 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 Owners/Promoter in respect of the said Land and/or the Project.
(xiii) That the Property is not a Wakf Property
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Land for the ProjectSaid Land;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectBuilding;
(iii) There are no encumbrances upon the said Land or the ProjectBuilding;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Said Building or the Said Apartment/Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the ProjectSaid Building, said Said Land and Apartment Said 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 Said Land, Building and Apartment Said Building, Said 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project Building and the said Apartment Apartment/Unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Apartment/Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Apartment/Unit to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project Said Building to the competent 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 allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or the ProjectSaid Building;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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;
(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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 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 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(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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;Unit; For Multy Realtors Sd/-
(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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 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 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(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject created by the Promoter;
(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 Landland, Building 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. Apartment along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the LIG/ EWS flat [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment LIG/ EWS flat [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment LIG/ EWS flat [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment LIG/ EWS flat [Apartment/Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment LIG/ EWS flat [Apartment/Plot] to the Allottee(s) 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 LIG/ EWS flat [Apartment/Plot] to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of LIG/ EWS flat, apartment, plot or building, as the Apartment. case may be, of the 4th Phase of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association 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 LIG/ EWS flat in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and/or the Promoter hereby represents represent and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and Owners have marketable title with respect to the said Land Land; and the Xxxxxxxx has requisite rights to carry out development upon the said Land and absolute, actual, actual physical and legal possession of the said Land for developing the 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 and the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Land or the ApartmentSaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land Project and Apartment the 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 ProjectProject and the Said Unit and the Common Areas, said Land, Building and Apartment and common areasif any;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee agreed to be created herein, may prejudicially be affected;
(vii) The Save and the except the agreement between the Owners and the Promoter, the Owners/Promoter has 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 Land and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viii) The Owners/Promoter confirms that the Owners/Promoter is are not restricted in any manner whatsoever from selling the said Apartment Said Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit to the Allottee(s) Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the association Association of allottees or the competent authority, as the case may be, after the completion of the Project;
(x) The Schedule Property Land is not the subject 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;Said Land.
(xi) The Owners/Promoter has duly paid and shall continue to pay and discharge all governmental Government dues, rates, charges and taxes and other moniesmoneys, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, outgoings whatsoever payable with respect to the said Project to the Authority till Occupancy Certificate or Completion Certificate or such other certificate by whatever name called issued by the competent authorities till authority under the completion certificate Act for the Project has been issued and the possession of the Apartment. along Bungalow/Row house long with common areas the Common Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees the 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 Owners/Promoter in respect of the said Land and/or the Project.
(xiii) That the Property is not a Wakf Property
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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 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(s) created herein, may prejudicially be affectedprejudiciallybeaffected;
(viivi) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this AgreementthisAgreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the 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 to the Unit tothe Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(xix) The Schedule Property is not the subject 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;
(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 authorities till the completion certificate has been issued and possession of the Apartment. 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 Maintenance Society or the competent authority, as the case may bemaybe;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government order, notification (including any notice for acquisition or requisition of the said property) has been received by receivedby 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(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and Project Land; the Promoter has requisite rights to carry out development upon the said Project Land and absolute, actual, actual physical and legal possession of the said Project Land for developing the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject ;
(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 Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project 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 in relation to the ProjectProject , said the Project Land, Building the Building/Tower and the Apartment and common areasthe Common Areas;
(vi) The Promoter has the right to enter into this Agreement and has have not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement Agreement for sale Sale and/or development agreement or any other agreement / agreement/arrangement with any person or and party with respect to the said Land, Project Land including the Project and the said Apartment which will, will in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas Common Areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property is not the subject matters 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 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 Competent Authority till the completion certificate Completion Certificate or Partial Completion Certificate, as the case may be, has been issued and possession of the Apartment. Apartment along with common areas 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 authorityCompetent Authority, as the case may be;. To enable the Promoter to pay the dues mentioned above, the Allottee hereby undertakes to discharge his/her/their/its legal obligation to pay such dues to the Promoter under section 19(6) of the Act.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Project Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The the Promoter has absolute, clear and marketable title with respect to the said Land and 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 Barring the approvals listed at attachment D, 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 there are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentresidential unit;
(v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment residential 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 residential 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(s) Allottee created herein, may prejudicially be affected;
(vii) The the Promoter has not entered into any agreement 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 residential unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment residential unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At at the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment residential unit to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The the Schedule Property property is not the subject matters 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 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 allottees or the competent authority, as the case may be;Authorities; and
(xii) No no notice from the Government or any other local body or authority or any legislative enactment, government Government Ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or and/ or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the Apartment;Duplex:
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Duplex are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Duplex and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Duplex which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Duplex to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Duplex to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of Duplex, apartment, Duplex or building, as the Apartment. case may be, of the “PHASE-02” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Duplex in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter Promoters hereby represents and warrants to the Allottee(s) Allottee/s as follows:
(i) The Promoter the Promoters has absolute, clear and marketable title with respect to the said Land and 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 Promoters have lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances encumbrance 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 Said Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter Promoters has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the said Project, said Land, Building and Apartment and common areas;
(vi) The Promoter has Promoters have the right to enter into this Agreement and has not committed or omitted to perform perform, any act or thing, thing whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;title
(vii) The Promoter has Promoters have not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee/s under this Agreement;
(viii) The Promoter confirms Promoters confirm/s that the Promoter is Promoters are not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee/s in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter Promoters shall handover hand over lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee/s and the common areas to the association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter Promoters has duly 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, or building, as the Apartment. case may be, along with the common areas (equipped with all the specificationsspecification, amenities and & facilities) has been handed over to the Allottee Allottees and the Association association of allottees Allottees or the competent authority, as the case may be;
(xii) No notice from the Government Govt. or any other local body or authority or any legislative enactment, government Govt. ordinance, order, notification (including any notice for acquisition or requisition of the said propertyland) has been received by or served upon the Promoter Promoters in respect of the said Land and/or the said Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Commercial Shop/Office [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Commercial Shop/Office [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 Commercial Shop/Office [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(s) Allottee created herein, may prejudicially be affectedbeaffected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Commercial Shop/Office [Apartment/Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Commercial Shop/Office [Apartment/Plot] to the Allottee(s) 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 Commercial Shop/Office [Apartment/Plot] to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of Commercial Shop/Office, apartment, plot or building, as the Apartment. case may be, of the Xxxxxxx Xxxxx Trade Centre along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Commercial Shop/Office in favor of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project., pertaining to the legality of the said project/land;
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter Owners has absolute, clear and marketable title with respect to the said 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 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 Landland, Building building and Apartment and common areasareas till the date of handing over of the project to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale lease 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(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(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(s) and the common areas to the association Association of allottees or Allottee(s) once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Propertysaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the date of submission of Application for completion certificate has been issued and physical possession of apartment or the Apartment. building, as the case may be, along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may beallottees;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Lease Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allottee(s) 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(s) Allottee and the common areas Common Areas to the association of allottees Association or the competent authority, as the case may be;
(x) The Schedule Property Land is not the subject matters matter of any 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;owned
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees or the competent authority, as the case may be;; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the 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 Promoter hereby represents and warrants warranties to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said project Land and the requisite rights to carry out development upon the said 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 to carry out development of the Project;
(iii) There are no encumbrances upon the said project Land or the ProjectProject except specifically mentioned in this agreement;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Project Land, Project or the ApartmentUnit;
(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 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of 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 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 order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land and Land; the Promoter has requisite rights to carry out development upon the said Land and the Owner has absolute, actual, physical and legal possession posses- sion of the said Land for with license to the ProjectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There Save and except the construction finance from State Bank of India Bank for construction of the Project by mortgaging the said Land and the construc- tion, there are no encumbrances upon the Designated Apartment and ap- pertaining 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. FurtherFur- ther, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed com- mitted or omitted to perform any act or thing, thing whereby the right, title and interest in- terest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees Allot- tees upon the same being registered or the competent authority, authority as the case may be;
(x) The Schedule Property is not the subject matters 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, impositionsim- positions, premiums, damages and/or penalties and other outgoings, whatsoeverwhat- soever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and proportionate share (at- tributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of the Apartment. designated apart- ment along with use of common areas (equipped with all the specifications, amenities and facilities) has been which shall be handed over to the Allottee and the Association association of allottees Allottees when registered or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received re- ceived by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) : The Promoter has have absolute, clear and marketable title with respect to the said Land and 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 Project;
(ii) Said Land; The Promoter has have lawful rights and requisite approvals from the competent authorities Competent Authorities to carry out development of the Project;
(iii) Said Phase; There are no encumbrances upon the said Phase Land. There is no litigation pending against the Land owners or the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect Promoter in relation to the said Land, Project or the Apartment;
(v) land. 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) ; 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(s) Allottee created herein, may be prejudicially be affected;
(vii) ; The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / 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(s) Allottee under this Agreement;
(viii) . The Promoter confirms confirm that the Promoter is they are not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) ; 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(s) Allottee and the common areas to the association Association of allottees or the competent authorityCompetent Authority, as the case may be;
(x) ; The Schedule Property Said Land is not the subject matters 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) Said Land; 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 authorities Competent Authorities till the occupancy certificate, the completion certificate, the partial occupancy certificate has been or the partial completion certificate, as the case may be, is issued and possession of the Apartment. 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 Allottees or the competent authorityCompetent 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 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(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title the Co-Lessee have a subsisting leasehold right and interests with respect to the said Land and Project Land; the Promoter has requisite rights to carry out development upon the said Project Land and absolute, actual, actual physical and legal possession of the said Project Land for developing the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject Land;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Land or the Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project 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 in relation to the Project, said the Project Land, Building and the Apartment and common areasCommon Areas;
(vi) The Promoter has and the Co-Lessee 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 right and leasehold interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale transfer and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Project Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling transferring the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Deed of Transfer, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas Common Areas to the association of allottees or the competent authority, as the case may beAssociation;
(x) The Schedule Property Project Land is not the subject matters 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 PropertyProject Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities authority till the completion certificate or partial completion certificate, as the case may be, has been issued and possession of the Apartment. Apartment along with common areas Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees or the competent authority, as the case may be;.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Land) has been received by or served upon the Promoter in respect of the said Project/the Project Land.
(xiii) The Project Land and/or the Projectdoes not form part of a Wakf Property.
Appears in 1 contract
Samples: Transfer Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 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/Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Plot/Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Plot/Unit and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot/Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot/Unit to the Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot/Unit to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of 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 Maintenance Society or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land and 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 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 areasareas till the date of handing over of the real esate project to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;association
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land Xxxx Xxxx and the requisite rights to carry out development upon the said Land Said Plot and absolute, actual, physical and legal possession of the said Land Said Plot for construction of the Project;Building.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;Said Project including the Building.
(iii) There Except those mentioned in this Agreement, there are no encumbrances upon the said Land Said Plot/Building or the Project;Unit.
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Said Plot or Building or the Apartment;Unit.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Scheduled Land, Whole Project, said Land Said Project, Building 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 Said Project, said Land, /Building and Apartment and common areas;Unit of the Building.
(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(s) created herein, may prejudicially be affected;.
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Said Plot which will, in any manner, affect the rights of Allottee(s) under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may be;).
(x) The Schedule Property Said Plot is not the subject 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;Said Plot.
(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 Said Project/Building to the competent authorities Competent 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 allottees or the competent authority, as the case may be;its completion.
(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 Scheduled Land and/or the Said Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 to carry out development of the Project;
(iii) There are no encumbrances upon the said upoen sthaid Land or the Project;
(iv) There are no litigations pending before any Court of law or Authority with Authowriitthy 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 beiennedobbtya 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 Agrenetmaend has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject matters of any HUF and that no HUFhatnndot 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, leviesmolneiveise,s, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. Apartment/ Plot along with common cwoimthmon areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association of allottees Maintenance Society or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority bodyaourthority or any legislative enactment, government 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(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the [Apartment];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee(s) 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 /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(s) under this Agreement;Project
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) in the manner contemplated in this Agreement;said
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment] to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property is not the subject matters 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 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 allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the LIG/ EWS flat [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment LIG/ EWS flat [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment LIG/ EWS flat [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment LIG/ EWS flat [Apartment/Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment LIG/ EWS flat [Apartment/Plot] to the Allottee(s) 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 LIG/ EWS flat [Apartment/Plot] to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of LIG/ EWS flat, apartment, plot or building, as the Apartment. case may be, of the 2nd Phase of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association 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 LIG/ EWS flat in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said 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 P Authorities to carry out development of the Projectroject;
(iii) There are no encumbrances upon the said Land or the Project;
(iv) There are no litigations pending before any Court of law l w or Authority with respect to the said sai Land, Project or the ApartmentPlot;
(v) All approvals, licenses and permits issued by y the competent authorities with respect to b o the Project, said Land and Apartment Plot are valid and subsisting and have been obtained by h following due process of law. FurtherFurt er, 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(s) 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 / p arrangement with any person or party arty with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee(s) Allottee under this AgreementAg eement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the Agreement; said Apartment Plot to the Allottee(s) Allottee in the manner contemplated in this Agreement;this
(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(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or Schedule Property; and/or no minor has any right, title and claim over the Schedule 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 authorities Authorities till the completion certificate has been issued and possession of plot, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the LIG/ EWS flat [Apartment/Plot];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment LIG/ EWS flat [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment LIG/ EWS flat [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment LIG/ EWS flat [Apartment/Plot] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment LIG/ EWS flat [Apartment/Plot] to the Allottee(s) 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 LIG/ EWS flat [Apartment/Plot] to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of EWS flat, apartment, plot or building, as the Apartment. case may be, of the 3rd Phase of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the EWS flat in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the Apartment;EWS/LIG:
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment EWS/LIG are valid and subsisting and have been obtained by 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 EWS/LIG 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment EWS/LIG which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment EWS/LIG to the Allottee(s) 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 EWS/LIG to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of EWS/LIG, apartment, EWS/LIG or building, as the Apartment. 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 allottee and the Association 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 EWS/LIG in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the [Apartment];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) under this Agreement;agreement
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment [Apartment] to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment] to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property is not the subject matters 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 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 allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon served
(xiii) That the Promoter in respect of the said Land and/or the Projectproperty is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absoluteab- solute, 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 re- spect 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 commit- xxx or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter promoter has not entered into any agreement for sale and/or development develop- ment agreement or any other agreement / agreement/arrangement with any person or party par- ty with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated con- templated 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(s) Allottee and the common areas to the association of allottees or the competent authorityauthori- ty, as the case may be;
(x) The Schedule Property is not the subject matters 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 gov- ernmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable paya- ble with respect to the said Project project to the competent authorities Competent Authority till the completion comple- tion certificate has been issued and possession of apartment, plot or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and and, facilities) has been handed over to the Allottee allottee and the Association associa- tion 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 leg- islative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land and Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities 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 areasareas till the date of handing over of the project to the association of allottes;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees or once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the [Apartment];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [Apartment/Plot] and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or actor thing, whereby the right, title and interest of the Allottee(s) 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 /arrangement with any person or party with respect to the said Land, including the Project and the said Apartment [Apartment] which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) in the manner contemplated in this Agreement;said
(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(s) and the common areas to the association of allottees or the competent authority, as the case may be;the
(x) The Schedule Property is not the subject matters 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 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 allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said 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 to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;Project as Detailed in para “F” above.
(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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 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 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(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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 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 [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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, . amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter owner hereby represents and warrants to the Allottee(s) ALLOTTEE/ALLOTTEES as follows:
(i) The Promoter owner has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights right to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter owner has lawful rights and requisite approvals from the competent authorities Authority to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentDesignated Unit;
(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 owner 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, Parking and common areasareas ;
(vi) The Promoter owner 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(s) ALLOTTEE/ALLOTTEES created herein, may prejudicially be affected;
(vii) The Promoter owner 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 or parking which will, in any manner, affect the rights of Allottee(s) ALLOTTEE/ALLOTTEES under this Agreement;
(viii) The Promoter owner confirms that the Promoter owner is not restricted in any manner whatsoever manner, whatsoever, from selling the said Apartment FLAT/Parking to the Allottee(s) ALLOTTEE/ALLOTTEES in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter owner shall handover lawful, vacant, peaceful, physical possession of the Apartment Designated Unit to the Allottee(s) ALLOTTEE and the common areas to the association of allottees or the competent authority, as the case may be;ALLOTTEE/ALLOTTEES(s).
(x) The Schedule Property is not the subject matters 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 Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent 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 allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter owner in respect of the said Land and/or the Project.
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants warranties to the Allottee(s) as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said project Land and the requisite rights to carry out development upon the said 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 to carry out development of the Project;
(iii) There are no encumbrances upon the said project Land or the ProjectProject except specifically mentioned in this agreement;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Project Land, Project or the ApartmentUnit;
(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 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(s) created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee(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(s) and the common areas to the association of allottees or the competent authority, as the case may beMaintenance Society;
(x) The Schedule Property is not the subject 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;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 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 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(s) Allottee as followsfollows :
(i) The Promoter has absolute, clear and marketable title with respect to of the said Land and Land; the requisite rights right to carry out development upon the said Land and absolute, actualactual , physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authority to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;
(iv) 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 ;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(viivi) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which Apartmentwhich will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) 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 to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may be;
(xix) The Schedule Property is not the subject matters 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;
(xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiumspremium, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and possession of apartment, plot or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, specifications amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Duplex: [Apartment/ROW-HOUSE];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Duplex [Apartment/ROW-HOUSE]; are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Duplex [Apartment/ROW-HOUSE]; and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Duplex [Apartment/ROW-HOUSE]; which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Duplex [Apartment/ROW-HOUSE]; to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Duplex [Apartment/ROW-HOUSE]; to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of Duplex, apartment, Duplex or building, as the Apartment. case may be, of the “PHASE-02” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Duplex in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has Landowners have absolute, clear and marketable title with respect to the said Land and 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 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 ApartmentApartment / 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment / unit which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment / unit to the Allottee(s) 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(s) Allottee and the common areas to the association Association of allottees Allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of apartment / unit, or building, as the Apartment. case may be, along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association of allottees Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has have absolute, clear and marketable title with respect to the said Land and Said Land, the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the ProjectSaid Project ;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Said Land or the Said Project;
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentApartment in any manner;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, said Said Land and Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Said Project, said Said Land, Building and Said Apartment and common areasCommon Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;and
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Land, Said Land including the Project and the said Said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Said Apartment to the Allottee(s) 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 Said Apartment to the Allottee(s) Allottee and the common areas Common Areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject matters 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 Said Project to the competent authorities Authorities till the completion certificate has been issued and possession of the Apartment. Said Apartment , along with common areas Common Areas (equipped with all the specifications, . amenities and and. facilities) has been handed over to the Allottee and the Association association of allottees or the competent authority, as the case may bebe in accordance with the terms and conditions of this Agreement;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said 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(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land and 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 or Authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areasareas till the date of handing over of the project to the association of Allottees;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee(s) Allottee and the common areas to the association of allottees or Allottees once the competent authority, as the case may besame being formed and Registered;
(x) The Schedule Property is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land;
(xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate has been issued and irrespective of possession of the Apartment. apartment along with common areas (equipped with all the specifications, amenities and and. facilities) has been handed over to the Allottee and the Association association of allottees Allottees or the competent authority, as the case may benot;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1 The Promoter and Owner hereby respectively represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Land Owners has absolute, clear and marketable title with respect to the said Land and the Project Land. The Promoter has requisite rights to carry out development upon the said Project Land and absolute, actual, has 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;Project Land.
(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 or Authority with respect to the said Project Land, Project or the Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said the Project Land and Said Apartment And Appurtenances are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Project Land, Building Apartments and Apartment and common areas;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(s) Allottee created herein, may prejudicially be affected;.
(vii) The Land Owners/Promoter has have not entered into any agreement for sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the said Project Land, . including the Project and the said Said Apartment And Appurtenances which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Land Owners/Promoter confirms that the Promoter it is not restricted in any manner whatsoever from selling the said Said Apartment And Appurtenances to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) 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 Said Apartment And Appurtenances to the Allottee(s) Allottee and the common areas Common Areas to the association of allottees or the competent authority, as the case may be;Association.
(x) The Schedule Property Said Apartment And Appurtenances is not the subject matters 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 monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of 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;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) Project Land has been received by or served upon the Land Owners/Promoter in respect of the said Project Land and/or the Project;
(xiii) The Project Land is not waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter has absolute, clear and marketable title with respect to the said Land Project Land; as declared in the Title Report annexed to this agreement and has the requisite rights to carry out development upon the said 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 Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the 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 Land, Project Land or the Apartment;Project.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Project Land and Apartment said 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 Project 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(s) 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 Project Land, including the Project and the said Apartment Flat which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Flat to the Allottee(s) 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(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) The Schedule Property is not the subject 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;
(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 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 beAuthorities;
(xiix) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Project Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) as follows:
(i) : The Promoter has absolute, clear and marketable title with respect to the said Land and Xxxxxxx the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) theProject; The Promoter has lawful rights and requisite approvals from the competent authorities competentauthorities to carry out development of the Project;
(iii) theProject; There are no encumbrances upon the said Land or the Project;
(iv) theProject; There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment;
(v) theUnit; 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 Unit and Apartment and common areas;
(vi) commonareas; 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(s) created herein, may prejudicially be affected;
(vii) beaffected; The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee(s) under this Agreement;
(viii) thisAgreement; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the 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(s) and the common areas to the association of allottees or the competent authority, as the case may be;
(x) Maintenance Society; The Schedule Property is not the subject 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;
(xi) ScheduleProperty; The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of the Apartment. 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 Maintenance Society or the competent authority, as the case may be;
(xii) maybe; No notice from the Government or any other local body or authority or any legislative enactment, government 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: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The the Promoter has absolute, clear and marketable title with respect to the said Land and Said Land; the requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the Project;
(ii) The the Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There there are no encumbrances upon the said Said Land or the Project;
(iv) There there are no litigations pending before any Court of law or Authority with respect to the said Said Land, Project or the ApartmentPlot;
(v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, said 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 Applicable Laws as amended from time to time in relation to the Project, said Land, Building Plot and Apartment and common areasCommon Areas;
(vi) The the Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The the Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The the Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At at the time of execution of the conveyance deed Conveyance Deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Plot to the Allottee(s) Allottee and the common areas to the association Association of allottees or the competent authority, as the case may beAllottees;
(x) The Schedule Property the Said Land is not the subject matters matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule PropertySaid Land ;
(xi) The the Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate has been issued and possession of 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;Authorities; and
(xii) No no notice from the Government or any other local body or authority or any legislative enactment, government Government Ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter Xxxx Xxxxx has absolute, clear and marketable title with respect to the said Land Land; and Gala Developers 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 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(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 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(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Plot(s) which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Plot(s) to the Allottee(s) 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(s) to the Allottee(s) and the common areas to the association of allottees or the competent authority, as the case may be;Allottee.
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of the Apartment. plot(s) along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee(s) Allottee as follows:
(i) The Promoter [Promoter] has absolute, clear and marketable title with respect to the said Land and Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project;; [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in or over such land]
(iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Duplex: [Apartment/ROW-HOUSE];
(v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Duplex[Apartment/ROW-HOUSE]; are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Duplex [Apartment/ROW-HOUSE]; and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;
(vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Duplex [Apartment/ROW-HOUSE]; which will, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Duplex [Apartment/ROW-HOUSE]; to the Allottee(s) Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Duplex [Apartment/ROW-HOUSE]; to the Allottee(s) Allottee and the common areas to the association of allottees or the competent authority, as the case may bebe ;
(x) The Schedule Property is not the subject matters 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 authorities Authorities till the completion certificate has been issued and possession of Duplex, apartment, Duplex or building, as the Apartment. case may be, of the “PHASE-03” of the Project along with common areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of allottees or the competent authority, as the case may be;; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the Duplex in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project, pertaining to the legality of the said project/land; And the encumbrances on the said project/land are clear and the Promoter holds free rights to sell and market the units of the said project/land.
Appears in 1 contract
Samples: Agreement for Sale