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

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes as follows: (i) The Promoter has absolute, clear and marketable titleright with respect to the saidSaid Land and; the requisite rights to carry out development upon the saidSaid Land and absolute, actual, physical and legal possession of the saidSaid Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law in relation to the Project, Said Land, and Unit 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) created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 3 contracts

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

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes ALLOTTEES as follows: (i) i. The Promoter Vendor has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights right to carry out development upon the saidSaid said Land and absolute, actualactual , physical and legal possession of the saidSaid said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authority to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA website. (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the UnitBungalow;. (v) iv. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit Bungalow are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit Bungalow and common areas;Common Areas.areas ; (vi) v. 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) vi. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, said Land including the Project and the said Unit Bungalow which willshallwill, in any manner, affect the rights of Allottee(s) ALLOTTEES under this Agreement;. (viii) vii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Bungalow to the Allottee(s) ALLOTTEES in the manner contemplated in this Agreement;. (ix) viii. At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Bungalow to the Allottee(s) ALLOTTEES and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of ALLOTTEESs or the competent authority, as the case maybe.may be; (x) ix. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.Property; (xi) x. 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/ occupancy certificate (as applicable) has been issued and possession of Bungalow, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, specifications amenities and facilities) has been handed over to the Allottee(s) ALLOTTEES and the Maintenance Society association of ALLOTTEESs or the competent authority, as the case maybe;maybe.may be; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 3 contracts

Samples: Sale Agreement, Agreement for Sale, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright leasehold right with respect to the saidSaid Land and; Project land and also have marketable title with respect to the project with regard to the Apartment(s) constructed and/or to be constructed thereon or on part thereof. JSHPL jointly with KWICPL shall have the requisite rights right to carry out the development upon the saidSaid Project Land and absolute, also has actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)Project. (ii) . The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of Joyville Phase 1B and shall obtain requisite approvals from time to time to complete the Project;development of Joyville Phase 1B subject to the residual right of the Lessor. (iii) There are no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA website. (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project land or Joyville Phase 1B except those disclosed in the Unittitle report;. (v) iv. All approvals, licenses and permits issued by the competent authorities with respect to the Joyville Phase 1B or the entire Project, saidSaid Land and Unit the said building/apartment to be constructed to be on the Project land are valid and subsisting and have been obtained by the following due process of law. FurtherFurther all approvals, licenses and permits to be issued by the competent authorities with respect to Joyville Phase 1B or the entire Project, project land and the said building shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to Joyville Phase 1B or the entire Project, Said LandProject land, and Unit Building and common areas;Common Areas.areas; (vi) v. 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, herein may prejudicially be affected;. (vii) vi. The Promoter has not entered into any agreement Agreement for saleSale Allotment and/or development agreement or any other agreement / arrangement Agreement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, in any manner, affect Apartment affecting the rights of Allottee(s) the Allottee under this AgreementAgreement save and except disclosed herein;. (viii) vii. The Promoter confirms that the Promoter it is not restricted in any manner whatsoever from selling for granting sub-lease and/or under-lease of the said Unit 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) viii. The Promoter has duly paid agrees and shall continue undertakes to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, outgoings whatsoever, payable with respect to the said Project Joyville Phase 1B to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeauthorities. (xii) ix. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of Joyville Phase 1B and/or plot of land and/or the said propertySaid LandApartment) has been received by or served upon the Promoter in respect of Joyville Phase 1B and/or Project land except those disclosed in the saidSaid Land and/ or the Projecttitle report.

Appears in 2 contracts

Samples: Agreement for Allotment of Apartment, Agreement for Allotment of Apartment

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit;.Residential Plot No. H. ...... (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit Residential Plot No. H 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 lawsApplicable Law laws in relation to the Project, Said said Land, and Unit Residential Plot No. H and common areas;Common Areas.area; (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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.Residential Plot No. H. ...

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee/s as follows:follows:- (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; project land as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)project; (ii) . The Promoter has lawful rights and requisite approvals from the competent 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 other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project project land or project except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Projectproject, Said Landproject land, and Unit building/wing and common areas;Common Areas.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 saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 2 contracts

Samples: Partnership Agreement, Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as followsfollows : (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report ;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit Apartment which willshallwill, 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 Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed, the . The Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas and facilities to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Society on ; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all governmental undisputed 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 project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 2 contracts

Samples: Partnership Agreement, Joint Venture Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Owner and Promoter hereby respectively represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter Owner has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the Promoter has requisite rights to carry out development upon the saidSaid Project Land and the Owner has absolute, actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case with license to the Promoter is not owner of to carry out the Land, give details of collaboration with such owner)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 Kotak Mahindra Investments Limited for construction of the Project by mortgaging, amongst other properties, the Project Land and the construction, there are no other encumbrances upon the saidSaid Unit and appertaining share in Project Land or in the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Project or the UnitDesignated Apartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and Unit Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Project Land, Building and Unit Designated Apartment and common areas;Common Areas.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 have not entered into any agreement for saleSale sale (which is subsisting at present) and/or development agreement (save and except the Development Agreement) or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, Project Land including the Project and the said Unit Designated Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) The Owner/Promoter confirms that the Owner/Promoter is are not restricted in any manner whatsoever from selling the said 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 Unit and Parking Facility, if any, to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.allottees; (x) The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said 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 Authorities but save those payable by the completion certificate/ occupancy certificate (as applicable) has been issued Allottee and possession other owners of apartments and other areas in the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Project; (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 Project Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project. (xiii) That the Project Land is not Waqf property. (xiv) The Promoter intends to make an application to the Regulatory Authority in terms of the Rules published on 27th July, 2021 upon the office of the authority become operational and ready to receive the same and the provisions and contents of this Agreement may undergo modifications or alterations if so required for obtaining or otherwise relating to such registration by the Regulatory Authority and the Allottee hereby permits the Promoter for such modifications and alterations and shall not raise any objection regarding such changes. Such modifications and alterations shall be deemed to be incorporated in this agreement by reference.

Appears in 2 contracts

Samples: Agreement for Sale, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid said Land and; and the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/plot] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit [Apartment/Plot] to the Allottee(s) 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 Unit the[Apartment/Plot] to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter 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 Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society Association of allottees or the competent authority, as the case maybe;maybe.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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants warrant to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and Owners have marketable titleright title with respect to the saidSaid Land andProject Land; and the Promoter has requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, actual physical and legal possession of the saidSaid Project Land for developing the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Project Land or and the Project; except mentioned in RERA website.; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project Land or the UnitApartment;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land Project and Unit 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 lawsApplicable Law laws in relation to the ProjectProject and the Apartment and the Common Areas, Said Land, and Unit and common areas;Common Areas.if 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 Owners/Promoter has have not entered into any agreement for saleSale sale and/or development agreement (save and except the development agreement referred here) or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project Land and the said Unit Apartment which willshallwill, 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 Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Common Areas of the Project to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be, after the completion of the Project; (x) x. The Schedule PropertySaid Project Land is not the subject mattersmatter 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 Project Land.; (xi) . The 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/ occupancy certificate (as applicable) Act for the Project has been issued and the possession of the ApartmentalongUnit, Apartment along with common areasspecified the Common Areas Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of the allottees or the competent authority, as the case maybe;maybe.may be; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project; xiii. That the property is not Waqf property.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land/Project Land and; and the requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, physical and legal possession of the saidSaid Project Land for the Said Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Said Project;. (iii) There Except those mentioned in this Agreement, there are no other encumbrances upon the saidSaid Project Land or the Said Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to litigation on the saidProject Scheduled Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, saidSaid Project Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Said Project, Said Land, and Unit and common areas;Common Common Areas, Amenities and Facilities of Whole Project/Common Areas, Amenities and Facilities of the Said Project. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Project Land, including the Said Project and the said Unit which willshallwill, 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 Unit to the Allottee(s) 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe). (x) The Schedule PropertySaid Project Land is not the subject mattersmatter 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 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 Said Project to the competent authorities Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Completion Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe). (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Said Project.

Appears in 2 contracts

Samples: Sale Agreement, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid said Land and; and the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/UNIT];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [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 lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/UNIT] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/UNIT] which willshallwill, 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 Unit [Apartment/UNIT] to the Allottee(s) 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 Unit the[Apartment/UNIT] to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter 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 Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment/ UNIT along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society Association of allottees or the competent authority, as the case maybe;maybe.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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has Owners have absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the Promoter has the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for or the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Competent Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid said Land or the Project; Project save and except mentioned in RERA website.that Blocks 3A,10A and 11A of the Project are mortgaged with L.I.C. Housing Finance Ltd. (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the UnitApartment;. (v) v. All approvals, licenses and permits issued by the competent authorities Competent Authorities with respect to the Project, saidSaid said Land and Unit Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit Apartment and common areas;Common Common Areas.; (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act act, or thing, 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 saleSale Sale and/or development agreement Development Agreement, other than the said Development Agreement, or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit which willshall, 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 Unit 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 hand over lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Common Areas to the Maintenance Society; upon its formation Association of Allottees, or the competent authorityCompetent Authority, as the case maybe.may be; (x) x. The Schedule PropertySaid said Land is not the subject mattersmatter of or any HUF and that no part thereof is not owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said said 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, outgoings whatsoever, payable with respect to the said Project Project, to the competent authorities Competent Authorities, till the completion certificate/ occupancy certificate (as applicable) Occupancy/Completion Certificate has been issued and possession of the ApartmentalongUnit, Apartment along with common areasspecified the Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society Association of Allottees, or the competent authorityCompetent Authority, as the case maybe;maybe.may be; (xii) . No notice from the Government Government, or any other local body body, or authority authority, or any legislative enactment, government ordinance, order, notification 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 saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the ProjectProject(s) or phase(s), saidSaid Land and as the case may be, as well as for the Unit being sold to the Allottee(s) are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the ProjectProject(s) or phase(s), Said Landas the case may be, and as well as for the Unit and for common areas;Common Areas.areas as provided under Rule 2(1)(f) of Rules, 2017; (viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;. (viivi) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit to the Allottee(s) in the manner contemplated in this Agreement;. (ixviii) At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee(s) and the ), common areasCommon Areas areas to the Maintenance Society; upon its formation association of Allottee(s) or the competent authority, as the case maybemay be. (xix) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/ or no minor has any right, title and claim over the Schedule Property;Said Land.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 Authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and offer of possession of the ApartmentalongUnitUnit, along with common areasspecified Common Areas (as the case may be and as per the provisions of the Haryana Development and Regulation of Xxxxx Xxxxx Xxx, 0000, rules thereof, equipped with all the specifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and common areas as provided under Rule 2(1)(f) has been handed over to the Allottee(s) and the Maintenance Society or the competent authorityof Rules, as the case maybe;maybe.2017; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter PROMOTER hereby represents and warrants warranties to the Allottee(s)undertakes ALLOTTEE as follows:: – (i) i. The Promoter has absolute, OWNERS/PROMOTER have clear and marketable titleright title with respect to the saidSaid Land and; project land as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter OWNERS/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 other encumbrances upon the saidSaid Land project land or the Project; except mentioned in RERA website.; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project project land or the Unit;Project. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land Project land and Unit said buildings 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 Promoter has been competent authorities with respect to the Project, Project land and said buildings shall be obtained by following due process of law and the PROMOTER as bean and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit building and common areas;Common Areas.areas; (vi) . The Promoter has PROMOTER/OWNERS 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 PROMOTER/OWNERS has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit which willshallFlat 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 Unit Flat to the Allottee(s) ALLOTTEE in the manner contemplated in this Agreement;. (ix) At . If at any time the time of execution of the conveyance deed, Conveyance Deed of the Promoter building is to be made in favor of ALLOTTEES the PROMOTER shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the structure to the Allottee(s) and association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.ALLOTTEES; (x) x. The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter PROMOTER has duly paid and shall continue to pay and discharge all governmental undisputed Governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (xii) xi. 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 Landproperty) has been received by or served upon the Promoter PROMOTER in respect of the saidSaid Land and/ or project land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as followsFollows: (i) The Promoter Owner/Developer has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said phase land the requisite authority and rights to carry out development upon the saidSaid Land said phase land and absolute, actual, physical and legal possession of the saidSaid Land said phase land for the Project;project. (In case There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land or Project except those disclosed in the Title Report .On the basis of the title assurances by the Owners and/or their Advocates and after referring to the papers and documents supplied by them the Promoter is not owner of shall ensure the Land, give details of collaboration with such owner)Owner’s title; (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 other encumbrances upon the saidSaid Land said Fourth phase land or the Project; project save and except mentioned in RERA website.mortgage created with for availing construction finance; (iv) There are no litigations pending before any Court court of law or Authority with respect to the saidProject Landsaid land, Project project or the UnitRow House/Bungalow;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid Land said land and Unit Row House/Bungalow are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Projectproject, Said Landsaid land, Building and Unit Row House/Bungalow and common areas;Common Areas.areas (vi) The Promoter has the right to enter into this Agreement agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (vii) The Promoter promoter has not entered into any agreement for saleSale and/or sale and/ or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit Row House/Bungalow which willshallwill, in any manner, affect the rights of Allottee(s) allottee under this Agreementagreement;. (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [ Row House/Bungalow/ Plot ] to the Allottee(s) allottee in the any 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 Unit [ Row House/Bungalow/ Plot ] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or association of the competent authority, as Alottees once the case maybe.same being formed and registered; (x) The Schedule PropertySaid Land property is not the subject mattersmatter matter of any HUF Hindu Undivided Family and that no part thereof is owned by any minor and /or no and/ or minor has any right, title and claim over the Schedule Property;Said Land.schedule property; (xi) The Promoter promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes rates and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) of Project/phase has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.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 propertySaid Landproperty) has been received by or served upon the Promoter promoter in respect of the saidSaid Land said land and/ or project; (xiii) That the Projectproperty is not waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject 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 e x e d t o t h i s a g r e e m e n t a n d h a s the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit 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, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit 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 areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Model Agreement Between Promoter and Allottee

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned 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 RERA website.or over such land] (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 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, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.Allottees; (x) x. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project; xiii. That the property is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as followsfollows : (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report ;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit Apartment which willshallwill, 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 Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed, the . The Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas and facilities to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees on ; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all governmental undisputed 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 project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Real Estate Development Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein Promoter here by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [in RERA website.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 saidProject said Land, Project or the Unitthe[Apartment/Plot];. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot] and common areas;Common Areas.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 where by 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 saleSale and/or sale and / or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 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, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.Allottees; (x) x. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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 outgoingsout goings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project; xiii. That the property is not Waqf property. xiv.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter promoter hereby represents and warrants to the Allottee(s)undertakes allottee as follows: (i1) The Promoter promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid land; the requisite rights to carry out development upon the saidSaid Land said land and absolute, actual, physical and legal possession of the saidSaid Land said land for the Projectproject;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii2) The Promoter promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Projectproject;. (iii3) There are no other encumbrances upon the saidSaid Land said land or the Project; except mentioned in RERA website.project; (iv4) There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject Landsaid land, Project project or the Unit;.apartment (v5) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid Land said land and Unit apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter promoter has been and shall, shall at all times, times remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Projectproject, Said Landsaid land, building and Unit apartment and common areas;Common Areas.areas; (vi6) The Promoter promoter has the right to enter into this Agreement agreement and has not committed or omitted to perform any and act or thing, whereby the right, title and interest of the Allottee(s) allottee created herein, may prejudicially be affected;. (vii7) The Promoter promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, said land including the Project project and the said Unit (apartment/plot) which willshall, will in any manner, manner affect the rights of Allottee(s) allottee under this Agreementagreement;. (viii) 8) The Promoter promoter confirms that the Promoter promoter is not restricted in any manner whatsoever from selling the said Unit apartment to the Allottee(s) allottee in the manner contemplated in this Agreementagreement;. (ix9) At the time of execution of the conveyance deed, deed the Promoter promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Unit apartment to the Allottee(s) allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, authority as the case maybe.may be; (x10) The Schedule PropertySaid Land scheduled property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandThe scheduled property. (xi11) The Promoter promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other moniesmonies , levies, impositions, premiums, damages and/or penalties and other outgoingsout goings , whatsoever, whatsoever payable with respect to the said Project property to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building as the ApartmentalongUnit, case may be along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of the allottees or the competent authority, as the case maybe;maybe.may be; (xii12) No notice from the Government government or any other local body or authority or any legislative enactmentenactment , government ordinance, ordinance ,order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served several upon the Promoter promoter in respect of the saidSaid Land and/ or said land and/or the Projectproject.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The the Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (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 other encumbrances upon the saidSaid said Land or the Project; Project except mentioned in RERA website.mortgage of land admeasuring Sq Yards with Amritsar Development Authority, Amritsar against payment of EDC and other Fees and guarantee against completion of work; (iv) There there are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the UnitPlot;. (v) All all approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit 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 lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit Plot and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit Plot which willshallwill, 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 Unit Plot to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) At at the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Plot to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.Allottees; (x) The the Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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 Authorities till the completion certificate/ occupancy certificate (as applicable) offer of possession has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.issued; (xii) No no notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said Larger Property, as declared in the title report annexed to this Agreement as Annexure E (colly) and has the requisite rights to carry out development and construction activities upon the saidSaid Land and absoluteProject. Further, the Promoter also has actual, physical and legal possession of the saidSaid Land Larger Property for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)said Project. (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;Project and shall obtain requisite approvals from time to time to complete the development of the Project as per the provisions of the approvals and documents executed with the competent authorities. (iii) There The Promoter state that there are no other encumbrances upon the saidSaid Land Project land or the Project; Project except those disclosed in the list of encumbrances and title report mentioned in RERA websiteAnnexure E (colly) and the Recitals as mentioned herein. (iv) There The Promoter state that there are no litigations pending before any Court of law or Authority with respect to the saidProject LandProject, Project or said Larger Property except those disclosed in the Unit;list of encumbrances and title report mentioned in Annexure E (colly). (v) All The Promoter confirms that the approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit Project as mentioned in Annexure C are valid and subsisting subsisting. Further, all approvals, licenses and have been permits to be issued by the competent authorities with respect to the Project and said Building shall be obtained by following due process of law. Further, law and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Land, Project and Unit and common areas;Common Areassaid 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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit which willshallwill, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 LandProject) has been received by or served upon the Promoter in respect of the saidSaid Land and/ said Larger Property except those disclosed in the title report. (x) The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee(s) as advance or deposit, sums received on account of the share capital for the promotion of the Organisation or towards the outgoings, legal charges and shall utilize the amounts only for the purposes for which they have been received. (xi) The Promoter confirms as follows a. In case during the course of construction and/or after the completion of the Project, further construction on any portion of vacant land or building or terrace becomes possible, the Promoter shall have the exclusive right to take up or complete such further construction. b. In the event of paucity or non-availability of any material the Promoter may use alternative materials/ article but of similar good quality. The decision of the Promoter on such changes shall be final. c. Drinking Water, Sewerage and Drainage Source: Water Supply, Sewerage and Drainage Connection would be made available from such source as may be provided or permitted by the competent authorities as mentioned in Annexure C. d. Fire Fighting : Fire fighting facilities would be made available as per the approved plans as may be provided or permitted by the competent authorities as mentioned in Annexure C. e. Emergency and evacuation facilities : Emergency facilities would be made available as per the approved plans as may be provided as mentioned in Annexure C. f. Use of renewable facilities : Details of sustainable development and use of renewable facilities is provided as mentioned in Annexure C. (xii) It is agreed between the Promoter and the Allottee(s) that to ensure uniformity and minimal interference with structures, ducting, internal cabling etc. in the Project, it is agreed that the Promoter shall regulate the entry of telecom agency/services in the Project. (xiii) The Promoter reserves its right to handover the Project in whole or in parts to any other entity, such as partnership firm, body corporate(s) whether incorporated or not, association or agency etc. by way of sale/disposal or any other arrangement, as may be decided by the Promoter in its sole discretion without any intimation, written or otherwise to Allottee(s) and the Allottee(s) agrees that they shall not raise any objection in this regard.

Appears in 1 contract

Samples: Apartment Buyer’s Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright with respect to the saidSaid Land and; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website. (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit;Plot. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit 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 lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit Plot and common areas;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, 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 saleSale and/or development agreement sale or any other agreement / arrangement /arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit House/Plot which willshallwill, 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 Unit Plot 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 Unit House to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybemay be. (x) x. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandProperty. (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/ occupancy certificate (as applicable) has been issued and possession of House, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) areas has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybemay 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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. 8.1 The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the requisite rights to carry out development upon the saidSaid Said Land and absolute, actual, physical and legal possession of the saidSaid Said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . Apart from the statutory encumbrances towards development by the Authority with the office of SDO being statutory compliance and 51 plots in the F-Block which are mortgaged with the Punjab and National Bank. There are is no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA websiteProject Land. (iv) . There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject Land, Project or the Unit;said Plot. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law in relation to the Project, Said Land, and Unit and common areas;Common Areas. (vi) v. 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) vi. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Project Land, including the Project and the said Unit Plot which willshallwill, in any manner, affect the rights of Allottee(s) the Allottee under this Agreement;. (viii) vii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Plot to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) viii. At the time of execution of the conveyance deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit said Plot to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottee; (x) ix. The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Project Land.; (xi) x. The Promoter has duly paid and shall 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 (as applicable) has been will be issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been said Plot will be handed over to the Allottee(s) Allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.may be; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project.

Appears in 1 contract

Samples: Plot Buyer Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) I. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said Land, the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project; II. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) III. There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [in RERA website.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) IV. There are no litigations pending before any Court court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) V. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid said Land and Unit (Apartment/Plot) are valid and subsisting and have been obtained by following due process of law. Further, Further the Promoter has been and shall, at all times, remain to be in compliance incompliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit (Apartment/Plot) and common areas;Common Areas.areas; (vi) VI. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Xxxxxxxx created herein, may prejudicially be affected;. (vii) VII. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit (Apartment/Plot) which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) VIII. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the sellingthe said Unit (Apartment/Plot) to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) IX. At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit (Apartment/Plot) to the Allottee(s) Allottee and the common areasCommon Areas areas to theAssociation of the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) X. The Schedule PropertySaid Land schedule Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandProperty. (xi) 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, outgoings whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (xii) 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 Landproperty) has been received receive by or served upon the Promoter in respect of the saidSaid Land and/ or said land and/orthe project; XIII. That the Projectproperty is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid said Land and; and the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the tothe Project, Said said Land, Building and Unit [Apartment/plot] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit [Apartment/Plot] to the Allottee(s) 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 Unit the[Apartment/Plot] to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter 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 Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to overto the Allottee(s) Allottee and the Maintenance Society Association of allottees or the competent authority, as the case maybe;maybe.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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Owner and Promoter hereby represents represent and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has Owners have absolute, clear and marketable titleright title with respect to the saidSaid said Land and; and the Promoter has the requisite rights to carry out development upon the saidSaid said Land and the owners have the absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case with license to the Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is not owner (are) fully satisfied about the plan and the title of the Land, give details Promoter/Owners in respect of collaboration the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with such owner)regard thereto. (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land Said Unit and appertaining share in the Land, PROVIDED HOWEVER THAT at the time of the execution of the deed of conveyance/ transfer in terms hereof, the Promoter assures to have the Said Unit released from any such mortgage and/or charge, if any, with intent that the Allottee, subject to his/her making payment of all amounts payable hereunder or otherwise and complying with his /her other obligation herein, will acquire the Project; except mentioned in RERA websitetitle to the Said Unit free from all such mortgages and charges, if any created by the Promoter. (iv) There are no litigations affecting title of the said land pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Said Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Owners/Promoter has have been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, said land, building and Said Land, and Unit and common areas;Common Areas.areas; (vi) The Promoter has /the Owners have the right to enter into this Agreement and has have not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) intended to be created herein, may prejudicially be affected;. (vii) The Promoter has Promoter/Owners have not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling the said Unit Said Unit/Flat to the Allottee(s) 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 Said Unit to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Society; Association of Allottee(s) upon its formation or the competent authority, as the case maybe.same being formed and registered; (x) The Schedule PropertySaid Land Said Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land.said Land ; (xi) The Promoter has Promoter/Owners have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and irrespective possession of the ApartmentalongUnit, apartment along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) areas has been handed over to the Allottee(s)and the Association of Allottee(s) and the Maintenance Society (upon registration) or the competent authority, as the case maybe;maybenot. (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 Landproperty) has been received by or served upon the Owners/ Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee/s as follows:follows:-- (ia) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said properties, as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land said properties and absolute, also has actual, physical and legal possession of the saidSaid Land said properties for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)project. (iib) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;project and shall obtain requisite approvals from time to time to complete the development of the project. (iiic) There are no other encumbrances upon the saidSaid Land said properties or the Project; project except mentioned those disclosed in RERA websitethe title report. (ivd) There are no litigations pending before any Court court of law or Authority with respect to the saidProject Land, Project said properties or project except those disclosed in the Unit;title report. (ve) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid Land said properties and Unit 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, said 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 lawsApplicable Law laws in relation to the Projectproject, Said Landsaid properties, and Unit building/ wing and common areas;Common Areasareas. (vif) The Promoter has the right to enter into this Agreement agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee/s created herein, may prejudicially be affected;. (viig) The Promoter has not entered into any agreement for saleSale and/or sale and/ or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the saidSaid Landsaid properties, including the Project project and the said Unit unit which willshallwill, in any manner, affect the rights of Allottee(s) the Allottee/s under this Agreement;. (viiih) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit unit to the Allottee(s) Allottee/s in the manner contemplated in this Agreement;. (ixi) At the time of execution of the conveyance deed, deed of the structure to the association of unit Allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the structure to the Allottee(s) and association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottee/s. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xij) The Promoter has duly paid and shall continue upto the date of completion to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeauthorities. (xiik) No notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperties) has been received by or served upon the Promoter in respect of the saidSaid Land said properties and/ or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter Land owners has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the ProjectProject other then tata capital housing finance ltd.; except mentioned [in RERA website.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 saidProject said Land, Project or the Unit[Apartment/Plot];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 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, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants warrant to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and Owners have marketable titleright title with respect to the saidSaid Land andProject Land; and the Promoter has requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, actual physical and legal possession of the saidSaid Project Land for developing the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Project Land or and the Project; except mentioned in RERA website.; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project Land or the UnitApartment;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land Project and Unit 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 lawsApplicable Law laws in relation to the ProjectProject and the Apartment and the Common Areas, Said Land, and Unit and common areas;Common Areas.if 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 Owners/Promoter has not entered into any agreement for saleSale sale and/or development agreement (save and except the development agreement referred here) or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, including the Project Land and the said Unit Apartment which willshallwill, 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 Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Common Areas of the Project to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be, after the completion of the Project; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The 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/ occupancy certificate (as applicable) Act for the Project has been issued and the possession of the ApartmentalongUnit, Apartment along with common areasspecified the Common Areas Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of the allottees or the competent authority, as the case maybe;maybe.may be; (xii) xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, or notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project; xii. The Promoter intends to make an application to the Regulatory Authority in terms of the Rules published on 27th July, 2021 upon the office of the authority becoming operational and ready to receive the same and the provisions and contents of this Agreement may undergo modifications or alterations if so required by the Regulatory Authority.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter and/or Owners hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has Owners have absolute, clear and marketable titleright title with respect to the saidSaid Project Land and; and the Phase 2 Land and the Promoter has the requisite rights to carry out development upon the saidSaid Project Land and Phase 2 Land and has absolute, actual, physical and legal possession of the saidSaid Project Land and the Phase 2 Land for the said Phase 2 of the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase 2 of the Project;. (iii) There are no other encumbrances upon the saidSaid said Phase 2 Land, and/or the Project save and except that the Project Land has been mortgaged by the Owners to Axis Bank Ltd. for securing a loan availed of by the Developer for the purpose of development of the Project on the Project Land. The Owner and/or Promoter shall have the liberty to obtain construction loan from any Bank and/or non banking financial institutions for the purpose of development of the Project on the Project Land by creating mortgage of the Project Land/Phase 2 Land or any part thereof. The Promoter shall cause the Project; except mentioned said Axis Bank and/or such other Bank or and/or non banking financial institutions, if necessary, to issue no objection letter in RERA website.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; (iv) There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject said Phase 2 Land, /Project or the UnitApartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the said Phase 2 of the Project, saidSaid Project Xxxx, Xxxxx 0 Land and Unit Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Project Land, buildings and Unit apartment and common areas;Common the 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 be prejudicially be affected;. (vii) The Save and except entering into Agreements for Sale with the allottees of Phase 1 of the Project, the Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Project Land, including the Project said Phase 2 Land and the said Unit Apartment which willshallwill, in any manner, affect the rights of Allottee(s) the Allottee under this Agreement;. (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Areas pro rata share in the Phase 2 Common Areas, Amenities and Facilities together with the right to enjoy the Project Common Areas, Amenities and Facilities, as and when the same are constructed/completed to the Maintenance Society; upon its formation Association of allottees or the competent authority, as the case maybemay be, after the completion of the Project. (x) The Schedule PropertySaid Land said Apartment is not the subject mattersmatter matter of any HUF and that to the best of the knowledge of the Owners and the Promoter, 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.said Apartment; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project Phase 2 to the competent authorities till the completion certificate/ occupancy certificate (as applicable) of the Phase 2 has been issued and possession of apartment or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybemay be. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. 8.1 The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the requisite rights to carry out development upon the saidSaid Said Land and absolute, actual, physical and legal possession of the saidSaid Said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . Apart from the statutory encumbrances towards development by the Authority with the office of SDO being statutory compliance and 51 plots in the F-Block which are mortgaged with the Punjab and National Bank. There are is no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA websiteProject Land. (iv) . There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject Land, Project or the Unit;said Xxxx. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law in relation to the Project, Said Land, and Unit and common areas;Common Areas. (vi) v. 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) vi. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Project Land, including the Project and the said Unit Plot which willshallwill, in any manner, affect the rights of Allottee(s) the Allottee under this Agreement;. (viii) vii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Plot to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) viii. At the time of execution of the conveyance deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit said Plot to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottee; (x) ix. The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Project Land.; (xi) x. The Promoter has duly paid and shall 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 (as applicable) has been will be issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been said Plot will be handed over to the Allottee(s) Allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.may be; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project.

Appears in 1 contract

Samples: Plot Buyer Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby and Ownershereby respectively represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has Owners have absolute, clear and marketable titleright title with respect to the saidSaid Land and; the Phase 1 Land. The Promoter has requisite rights to carry out development upon the saidSaid Phase 1 Land and absolute, actual, has physical and legal possession of the saidSaid Land land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;Phase 1 Land. (iii) There are no other encumbrances upon the saidSaid Phase 1 Land and also upon the Allotted ApartmentProvided that if any encumbrance is created by the Promoter for the purpose of taking construction finance for the Project from any Bank or Financial Institution then and in such event the Project; except mentioned in RERA websitePromoter shall be obligated to cause to be redeemed/released the mortgage/charge on the Allotted Apartment from the mortgagee at or before the delivery of possession of the Allotted Apartment to the Allottee. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit the Phase 1 Landand Allotted Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Phase 1 Land, Allotted Apartment and Unit and common areas;Common Common Areas. (viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title right and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (viivi) The Owners/Promoter has have not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, including Phase 1 Landincluding the Project and the said Unit Allotted Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viiivii) The Owners/Promoter confirms confirm that the Promoter it is not restricted in any manner whatsoever from selling the said Unit Allotted Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ixviii) At the time of or before the execution of the conveyance deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Unit Allotted Apartment to the Allottee(s) Allottee and the common areasCommon Common Areas to the Maintenance Society; upon its formation or Association subject to the competent authority, as same being formed and becoming operationalization for the case maybeacts relating to the Common Purposes. (xix) The Schedule PropertySaid Land Allotted Apartment is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandAllotted Apartment. (xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued by the competent authority and shall pay proportionate share thereof (attributable to the Allotted Apartment) till the period mentioned in the intimation notice to the Allottee to take possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society Allotted Apartment or the competent authorityactual date of delivery of possession, as the case maybe;maybewhichever be earlier. (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Phase 1 Land) has been received by or served upon the Owners/Promoter in respect of the saidSaid Phase 1 Land and/ or and/or the Project. (xii) The Phase 1 Land is not waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andSaid Land; the Promoter has the requisite rights to carry out development upon the saidSaid Said Land and absolute, actual, physical and legal possession of the saidSaid Said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the Project, saidSaid Land and Unit as well as for the Said Commercial Plot for commercial usage being sold to the Allottee(s) are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the ProjectProject as well as for the Said Commercial Plot for commercial usage and for common areas as provided under Rule 2(1)(f) of Rules, Said Land, and Unit and common areas;Common Areas.2017; (viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (viivi) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Said Land, including the Project and the said Unit Said Commercial Plot for commercial usage which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Said Commercial Plot for commercial usage to the Allottee(s) in the manner contemplated in this Agreement;. (ixviii) At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Said Commercial Plot for usage to the Allottee(s) and the Allottee, common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be, as provided under Rule 2(1)(f) of Rules, 2017; (xix) The Schedule PropertySaid Said Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Said Land.; (xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities Authorities till the completion certificate/ occupancy certificate (as applicable) offer of possession of Said Commercial Plot has been issued issued, and possession as per the provisions of the ApartmentalongUnitHaryana Development and Regulation of Urban Areas Act, along with common areasspecified Common Areas (1975, rules thereof, equipped with all the specifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and common areas as provided under Rule 2(1)(f) has been handed over to the Allottee(s) and the Maintenance Society or the competent authorityof Rules, as the case maybe;maybe.2017; (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Said Land) has been received by or served upon the Promoter in respect of the saidSaid Said Land and/ or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)Project. (ii) . The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;Project and shall obtain requisite approvals from time to time to complete the development of the project. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA websitethe title report. (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;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, 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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit 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, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common area of the Structure to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybeAllottees. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeAuthorities. (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes as follows: (i) The Promoter has absolute, clear and marketable titleright with respect to the saidSaid Land and; the requisite rights to carry out development upon the saidSaid Land and absolute, actual, physical and legal possession of the saidSaid Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law in relation to the Project, Said Land, and Unit 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) created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land/Project Land and; and the requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, physical and legal possession of the saidSaid Project Land for the Said Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Said Project;. (iii) There are no other encumbrances upon the saidSaid Project Land or the Said Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court court of law or Authority with respect to the saidProject Land, Project Scheduled Land or the Unit;.Whole Project (v) All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, saidSaid Project Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Said Project, Said Land, and Unit and common areas;Common AreasCommon Areas and Facilities of Whole Project/Common Areas and Facilities of the Said Project. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Project Land, including the Said Project and the said Unit which willshallwill, 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 Unit to the Allottee(s) 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 Unit to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Association/Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Project Land is not the subject mattersmatter 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 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 Said Project to the competent authorities Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Occupation Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe). (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ and/or the Said Project except as mentioned in the following paras. (xiii) Promoter represents that Pune Metropolitan Region Development Authority(PMRDA) has published on 2nd August,2021 a draft development plan 2021 (DP 2021) under section 26/1 of Maharashtra Regional Town Planning Act, 1966 (MRTP Act) for the Pune city and invited objections from the public at large. In the draft DP 2021, PMRDA has proposed 18-meter wide ODR road passing through the Whole Project against which the Promoter and the Confirming Parties have placed their objection before PMRDA requesting for removal of the ODR road. While placing its objections, the Promoter as well informed PMRDA that it had obtained building plan sanction from PMRDA vide document bearing no. DP/BMU/Xxxxx Xxxxxxx/G.N. 75/1/1/ CR No. 401/2021 dated 20/04/21 which was much before the proposed draft development plan and had commenced development of the Said Project on the basis of the approvals granted by PMRDA. (xiv) As the construction of Commercial Block forming part of the Said Project reached plinth level, the Promoter along with Confirming Parties applied for plinth certificate for the same which was granted on 04th May, 2022. In the application for plinth, Confirming Parties and the Promoter proposed realignment of the 18 mt proposed ODR Road and suggested that the 12 mt road already earmarked by the Confirming Parties and the Promoter running alongside the Entire Land and the 9 mt road passing through the Whole Project may be used as 18 mt wide road. The proposal submitted by Promoter before PMRDA is as per the map attached as Schedule- G. (xv) The Promoter represents that it may happen that the proposed ODR road is removed altogether from the Whole Project under such condition the Promoter will proceed with the sanction plans already approved. However, it may happen that PMRDA doesn’t remove the ODR road from the Whole Project but converts 12 mt and 9 mt road into 18 mt wide ODR road. Under such conditions the Promoter represents that it will have to replan the future phases of the Whole Project to ensure compliance with the building byelaws. Such replanning may involve applying to PMRDA for amendment of the already sanctioned plan and amendment in the Environmental Clearance and other approvals. Promoter represents such revised planning including but not limited to applying for amendment of sanctioned plans, will not impact the Said Project and the changes in the sanctioned plan will be restricted only to future phases. The Allottee understands the disclosure given by the Promoter and he has with full knowledge of the above fact have applied for allotment of the Unit in the Said Project and agrees not to object in any way if the Promoter applies for amendment in the sanctioned building plans, environmental clearance and other approvals. The Allottee represents that he is aware of the same and agrees to not raise dispute in future with respect to such amendment in building plans, environmental clearance and other approvals. The Allottee provides his consent to the Promoter to go for the changes in building plans, environmental clearance and approach statutory authorities including Real Estate Regulatory Authority(RERA) for necessary amendments and will sign the necessary documents or the Projectletters required to be filed with these authorities.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter (Promoter) has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid land; the requisite rights to carry out development upon the saidSaid Land said land and absolute, actual, physical and legal possession of the saidSaid Land said land for the Project;. (In case , all the Promoter is not owner document in regards to the ownership has been shown and provided to the Allottee for his/her satisfaction and for carrying out all due diligence for ensuring valid title of promoter over the Land, give details of collaboration with such owner)land. (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;, copy of the same have been shown and provided to the Allottee unless refused by the Allottee for his/her satisfaction and for carrying out all due diligence for ensuring that the Promoter has obtained all the required permissions which are valid. (iii) There are no other encumbrances upon the saidSaid Land said land or the Project; , except mentioned charge of competent authority created over the units in RERA websitelieu of development permission obtained, it is further undertaken by the Promoter that if any financial assistance is taken to complete the project against the security of this project then NOC shall be obtained from the financial institution at the time of executing conveyance deed or providing possession of unit. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law in relation to the Project, Said Land, and Unit and common areas;Common Areas. (viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (viivi) The land owner Promoter has declares that they have not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit Unit, which willshall, 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 to the best of his knowledge from selling the said Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ixviii) At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (xix) The Schedule PropertySaid Land is not Subject to the subject mattersmatter provisions of any HUF and that no part thereof is owned by any minor and /or no minor has any rightthis agreement, title and claim over the Schedule Property;Said 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 till Authorities except the completion certificate/ occupancy certificate (as applicable) has been issued and unit which is given or notice to take the possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over unit is given to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeAllottee. (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or said land and/or the Project.Project in the knowledge of the Promoter which may cause any prejudice to the rights of the parties under this agreement;

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; as declared in the Title Certificated annexed to this agreement and has the requisite rights to carry out development upon the saidSaid said Land and absolute, also has actual, physical and legal possession of the saidSaid said Land for the implementation of the Emerald Isle Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Emerald Isle Project and shall obtain requisite approvals, from time to time, to commence the construction and complete the development of the Emerald Isle Project;. (iii) . There are no other encumbrances upon the saidSaid said Land or the Emerald Isle Project; , except mentioned those disclosed in RERA website.the Title Certificate and the website of the Regulatory Authority; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project said Land or the UnitEmerald Isle Project except those disclosed in the Title Certificate and the website of the Regulatory Authority;. (v) v. All approvals, licenses and permits permissions issued by the competent authorities authorities, with respect to the Emerald Isle Project, saidSaid said Land and Unit the said Project are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permissions, to be issued by the competent authorities with respect to the Project, said Land and said Project, shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Emerald Isle Project, Said said Land, and Unit said Project and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Emerald Isle Project and the said Unit Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) . The Promoter confirms that the Promoter is not restricted restricted, in any manner whatsoever whatsoever, from selling the said Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deed/assignment of lease of the said Project to the society/limited company/association of allottees, the Promoter shall handover lawful, vacant, peaceful, peaceful and physical possession of the Unit common areas of the said Project, to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.said society/limited company/association of allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project Project/Emerald Isle Project, to the competent authorities authorities, till the completion certificate/ occupancy certificate (as applicable) has been issued and possession formation of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.society/limited company/association of allottees/Apex Body/Federation; (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 propertySaid Landrequisition) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Emerald Isle Project, except those disclosed in the Title Certificate and the website of the Regulatory Authority.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee/s as follows:follows:- (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; project land as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)project; (ii) . The Promoter has lawful rights and requisite approvals from the competent 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 other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project project land or project except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Projectproject, Said Landproject land, and Unit building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Landproject land, including the Project project and the said Unit Residential unit which willshallwill, 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 Unit Residential unit to the Allottee(s) Allottee/s in the manner contemplated in this Agreement;. (ix) At . All the time of execution of the conveyance deed, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the structure to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities authorities; till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeis received. (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the Projectproject except those disclosed in the title report.

Appears in 1 contract

Samples: Partnership Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Projectproject; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Projectproject;. (iii) . There are no other encumbrances upon the saidSaid said Land or the Projectproject; except mentioned [In case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in RERA website.or over such land (iv) . There are no litigations pending before any Court court of law or Authority with respect to the saidProject said Land, Project or the UnitApartment;. (v) v. All approvals, licenses and permits issued by the competent authorities Authorities with respect to the Projectproject, saidSaid said Land and Unit Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Projectproject, Said said Land, Building and Unit Apartment and common areas;Common Areas.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) created herein, may prejudicially be affected;. (vii) . The Promoter promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the saidSaid said Land, including the Project project and the said Unit Apartment which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viii) . The Promoter promoter confirms that the Promoter promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee(s) in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deed, deed the Promoter promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Society; upon its formation or association of the competent authority, as the case maybe.Allottee(s); (x) x. The Schedule PropertySaid Land property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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 Competent Authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authorityCompetent Authority, as the case maybe;maybe.may be,” (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government Government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter and/or Owner hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) 8.1.1. The Promoter Owner has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said property and the requisite rights to carry out development upon the saidSaid Land said property and absolute, actual, physical and legal possession of the saidSaid Land for the Project;. 8.1.2. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;. (iii) 8.1.3. There are no other encumbrances upon the saidSaid Land or said Land, and/or the Project; except mentioned in RERA website. (iv8.1.4. 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 favor 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 undertakes that the Promoter shall cause the said bank(s)/financial institution(s) release the said Unit from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the Apartment in favor of the Allottee and the Allottee will get the title of the said Unit free from all encumbrances. 8.1.5. There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject said Land, /Project or the Unit;Apartment. (v) 8.1.6. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Project Land, buildings and Unit apartment and common areas;Common the Common Areas. (vi) 8.1.7. 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;. (vii) 8.1.8. The Promoter has not entered into any additional agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Landsaid Property/Apartment, including the Project and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) 8.1.9. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) 8.1.10. At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peacefulconvey the right title and interest of the Said Unit to the Allottee. However, physical and habitable possession of the Said Unit shall be handed over to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, Allottee as the case maybeper clause 7.1 above. (x) 8.1.11. The Schedule PropertySaid Land Apartment is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandApartment. (xi) 8.1.12. The Promoter has duly paid and shall 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/ occupancy certificate (as applicable) of the said Project has been issued and possession of said Unit or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of Allottee or the competent authority, as the case maybe;maybemay be. (xii) 8.1.13. No notice from the Government or 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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or the ProjectProject Land.

Appears in 1 contract

Samples: Project Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Developer/Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter [Developer/Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Developer/Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [in RERA websitecase 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 saidProject said Land, Project or the Unit[Apartment/Plot];. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot] and common areas;Common Areas.areas; (vi) . The Developer/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 Developer/Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the 14 Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit 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, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.Allottees; (x) x. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project; xiii. That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 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, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the Structure to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has Land Owners have absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the Promoter has requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Projectproject;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no The Promoter has made the Allottee aware that the Promoter has obtained loan for construction of the Housing Complex from State Bank of India by creating charge on the said Premises. For obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other encumbrances upon lenders, the saidSaid Land Promoter may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Project; except Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such mortgage and/or charge, if any, with intent that the Allottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations herein, will be acquiring title to the said Unit free of all such mortgages and charges created by the Promoter. It is however specifically mentioned that the said Project is presently subject to charge in RERA websitefavour of State Bank of India. (iv) There are no litigations pending before any Court of law or Authority authority with respect to the saidProject said Land, Project or the UnitApartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid said Land and Unit Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Projectproject, Said said Land, Building and Unit Apartments and common areas;Common Areas.areas; (vi) The Land Owners / 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 intended to be created herein, may prejudicially be affected;. (vii) The Land Owners / Promoter has have not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) The Land Owners / Promoter confirms that the Land Owners / Promoter is are not restricted in any manner whatsoever from selling the said Unit 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 Unit Apartment to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; Association of the Allottees (upon its formation the same being registered) or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land said Xxxxxxxx is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.said Premises; (xi) The Promoter has / Land Owners have duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnitApartment in terms of clause 7.2 and 7.3, along with with, common areasspecified Common Areas areas (equipped with all the specificationsspecification, amenities and facilities) has been which shall be handed over to the Allottee(s) Allottee and the Maintenance Society association of allottees (upon the same being registered) or the competent authority, as the case maybe;maybe.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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in RERA website.or over such land] (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot Commercial Space];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot Commercial Space] 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 lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot Commercial Space] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot Commercial Space] which willshallwill, 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 Unit [Apartment/Plot Commercial Space] 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 Unit [Apartment/Plot Commercial Space] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be ; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building, as the ApartmentalongUnitcase may be, of the Phase of the Project along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybemay be; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the apartment 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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or 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. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land and; and the requisite rights to carry out development upon the saidSaid Scheduled Land and has absolute, actual, physical and legal possession of the saidSaid Scheduled Land for the Whole Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Whole Project;. (iii) There Except those mentioned in this Agreement, there are no other encumbrances upon the saidSaid Scheduled Land or the Whole Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Whole Project, saidSaid Scheduled Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law Applicable Laws in relation to the Whole Project, Said Land, and Unit and common areas;Common Common Areas, Amenities and Facilities of Whole Project. (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 affected;. (viivi) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Scheduled Land, including the Project Land and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said 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 Unit to the Allottee(s) and the common areasCommon Areas Common Areas, Amenities and Facilities of the Whole Project to be developed with the Said Project and Common Areas, Amenities and Facilities reserved for the Residential Block to be developed with Said Project to the Maintenance Society; upon its formation or the competent authority, as the case maybeOwners Association. (xix) The Schedule PropertySaid Scheduled Land is not the subject mattersmatter 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 Scheduled 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, whatsoever ,payable with respect to the said Said Project to the competent authorities Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Occupancy Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Areas, Amenities and Facilities of the Whole Project to be developed with the Said Project and Common Areas, Amenities and Facilities reserved for the Residential Block to be developed with Said Project (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeOwners Association. (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Scheduled Land and/ and/or the Whole Project. (xii) The 24 Mtr. Wide Road Land is reserved for development of 24 mt wide road and the same will be surrendered by the Promoter to the government authority. Further the Allottee(s)will have no right, title interest of any kind on the same. (xiii) The Promoter has obtained assurance letter bearing no. 394 dated 04/08/2021 from Gurugram Metropolitan Development Authority (GMDA) for supply potable/drinking water for the Whole Project. Promoter further represents that till such time such water is made available by GMDA to the Whole Project and water becomes available for the Said Project/Whole Project, the requirement of water for the Said Project/Whole Project shall be met from other available sources including procurement of water from water tanker agencies and that a pro-rata share incurred for such purchase and treatment thereof shall be borne and paid by the Allottees. The Allottee(s) acknowledges the same and agrees to make the payment towards the same in addition to the monthly maintenance charges. (xiv) In terms of the memo no. CH-14/SE/CommI/R-16/444/2018 of Dakshin Haryana Bijli Vitran Nigam, Haryana (DHBVN), and Promoter is required to reserve 418.05 sqm (500 sqyds) of land for creating 33KV switching station and the same is to be surrendered to DHBVN. Alternatively, the switching station can be jointly provided with other developers at a location independent from the Whole Project. The Promoter hereby informs the Allottee(s) that it is also exploring options to provide switching station jointly with other developers at an independent place. At present, the Promoter has reserved and earmarked a portion of land admeasuring 418.05 sqm (500 sqyds) for creating provision for 33KV substation in the Residential Block Land. If in future the Promoter is requited to surrender the said land to DHBVN, the Residential Block Land will be reduced by 418.05 sqm (500 sqyds) and the Allottee(s) shall have no right, title or interest on such portion of the Residential Block Land. (xv) The Promoter represents that the Building Plan approval for the Whole Project, the land area surrendered for 12 meter service road admeasuring 891 sqm has been included in the calculation of land for Ashiana Amarah Phase-I as the responsibility of development is on the Promoter. However, such representation is only for the purposes of development of road and the Allottee(s) shall not have any right, title or claim on the area surrendered for road. (xvi) Notwithstanding anything contained in this Agreement, the Allottee(s)covenant that if the Promoter is required to refund any amount to the Allottee(s)due to any reason whatsoever, the Promoter shall have no liability to refund any taxes, levies, duties, charges, cess, duties etc. paid to any government authority. (xvii) The Allottee(s)xxxxxx agrees and undertakes to be a member of the Owners Association and to sign and execute the application for registration, other papers and documents necessary for the formation of and registration of such Owners Association. The Allottee(s)shall observe and perform all the rules, regulations of the Owners Association that may be specified in detail by the Owners Association. The Allottee(s)shall also pay and contribute regularly and punctually towards all charges, costs, fees, subscription or other out-goings as may be demanded or called upon by the Owners Association or the ProjectMaintenance Agency, as the case may be.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows:follows – (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon up on the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon up on the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building / wing and common areas;Common Areas.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 in to any agreement for saleSale and/or sale and / or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Apartment / Plot] which willshallwill, 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 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, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the Structure to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. 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 and / or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ project land and / or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Model Agreement Between Promoter and Allottee

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the Promoter has requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, actual physical and legal possession of the saidSaid Project Land for developing the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Project Land or the Project; except mentioned in RERA website.,; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Project or the Commercial Unit;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and the Commercial 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 lawsApplicable Law laws in relation to the Project, Said the Project Land, the Building and the Commercial Unit and common areas;Common Areasthe Complex 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 saleSale Assignment and/or development agreement or any other agreement / agreement/arrangement with any person or and party with respect to the saidSaid Land, Project Land including the Project and the said Commercial Unit which willshall, 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 assigning its residual lease hold interest in the said Commercial Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deedDeed of Assignment, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Commercial Unit to the Allottee(s) Allottee and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Complex Common (x) x. The Schedule PropertySaid Land Said land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Said Land.; (xi) . The Promoter has duly paid and shall continue to pay and discharge all governmental government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities Competent Authority till the completion certificate/ occupancy certificate (Occupancy Certificate and/or Completion Certificate or Partial Completion Certificate, as applicable) the case may be, has been issued and possession of the ApartmentalongUnit, Commercial Unit along with common areasspecified Complex Common Areas , (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and Allottee and/or the Maintenance Society Association of Allottees or the competent authorityCompetent Authority, as the case maybe;maybemay 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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project.

Appears in 1 contract

Samples: Assignment Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land and; and the requisite rights to carry out development upon the saidSaid Scheduled Land and has absolute, actual, physical and legal possession of the saidSaid Scheduled Land for the Whole Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Whole Project;. (iii) There Except those mentioned in this Agreement, there are no other encumbrances upon the saidSaid Scheduled Land or the Whole Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Whole Project, saidSaid Scheduled Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law Applicable Laws in relation to the Whole Project, Said Land, and Unit and common areas;Common Common Areas, Amenities and Facilities of Whole Project. (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 affected;. (viivi) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Scheduled Land, including the Project Land and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said 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 Unit to the Allottee(s) and the common areasCommon Areas Common Areas, Amenities and Facilities of the Whole Project to be developed with the Said Project and Common Areas, Amenities and Facilities reserved for the Residential Block to be developed with Said Project to the Maintenance Society; upon its formation or the competent authority, as the case maybeOwners Association. (xix) The Schedule PropertySaid Scheduled Land is not the subject mattersmatter 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 Scheduled 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, whatsoever ,payable with respect to the said Said Project to the competent authorities Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Occupancy Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Areas, Amenities and Facilities of the Whole Project to be developed with the Said Project and Common Areas, Amenities and Facilities reserved for the Residential Block to be developed with Said Project (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeOwners Association. (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Scheduled Land and/ or and/or the Whole Project. (xii) The 24 Mtr. Wide Road Land is reserved for development of 24 mt wide road and the same will be surrendered by the Promoter to the government authority. Further the Allottee(s)will have no right, title or interest of any kind on the same. (xiii) The Promoter has obtained assurance letter bearing no. 394 dated 04/08/2021 from Gurugram Metropolitan Development Authority (GMDA) for supply potable/drinking water for the Whole Project. Promoter further represents that till such time such water is made available by GMDA to the Whole Project and water becomes available for the Said Project/Whole Project, the requirement of water for the Said Project/Whole Project shall be met from other available sources including procurement of water from water tanker agencies and that a pro -rata share incurred for such purchase and treatment thereof shall be borne and paid by the Allottees. The Allottee(s) acknowledges the same and agrees to make the payment towards the same in addition to the monthly maintenance charges.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby here represents and warrants to the Allottee(s)undertakes Allottee/Sub-lessee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner Phase of the Land, give details of collaboration with such owner)Project. (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;Phase of the Project for Residential and Commercial Purpose. (iii) There are no other encumbrances upon the saidSaid Land said land or the Phase of the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Phase of the Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities Competent Authorities with respect to the Phase of the Project, saidSaid said Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Phase of the Project, Said said Land, Building and Unit and common areas;Common Areas.areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, right title and interest of the Allottee(s) Allottee/Sub-lessee created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, said Land including the Phase of the Project and the said Unit which willshall, will in any manner, affect the rights of Allottee(s) Allottee/Sub-lessee under this Agreement;. (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling leasing out the said Unit to the Allottee(s) Allottee/Sub-lessee in the manner contemplated in this Agreement;. (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Units for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed, lease deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee(s) Allottee/Sub-lessee and the common areasCommon Areas areas to the Maintenance Society; upon its formation Association of Allottee/Sub- lessees or the competent authorityCompetent Authority, as the case maybemay be. (xxi) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandProperty. (xixii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges charges, and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Phase of the Project to the competent authorities Authorities till the completion certificate/ occupancy certificate (as applicable) Completion Certificate has been issued and possession of Unit, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specificationsspecification, amenities and facilities) has been handed over to the Allottee(s) Allottee/Sub-lessee and the Maintenance Society Association of Allottee/Sub-lessees or the competent authorityCompetent Authority, as the case maybe;maybemay be. (xiixiii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Phase of the Project.

Appears in 1 contract

Samples: Lease Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid said Land and; and the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/plot] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit [Apartment/Plot] to the Allottee(s) 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 Unit [Apartment/Plot] to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter 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 Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society Association of allottees or the competent authority, as the case maybe;maybe.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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said Land. the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned . [in RERA website.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 saidProject said Land, Project or the Unit;[house]. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [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 lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [house] and common areas;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, 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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [house] which willshallwill, 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 Unit [house] 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 Unit [house] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of Allottees or the competent authority, as the case maybemay be. (x) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandProperty. (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/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of Allottees or the competent authority, as the case maybe;maybemay 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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said Land, as declared in the title report annexed to this Agreement as Annexure E (colly) and has the requisite rights to carry out development and construction activities upon the saidSaid Land and absolutePhase II Project. Further, the Promoter also has actual, physical and legal possession of the saidSaid Land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)said Phase II Project. (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;Phase II Project and shall obtain requisite approvals from time to time to complete the development of the Project as per the provisions of the approvals and documents executed with the competent authorities. (iii) There The Promoter state that there are no other encumbrances upon the saidSaid Project Land or the Project; Project except those disclosed in the list of encumbrances and title report mentioned in RERA websiteAnnexure E (colly) and the Recitals as mentioned herein. (iv) There The Promoter state that there are no litigations pending before any Court of law or Authority with respect to the saidProject LandPhase II Project, Project said Land or said Larger Property except those disclosed in the Unit;list of encumbrances and title report mentioned in Annexure E (colly). (v) All The Promoter confirms that the approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit Phase II Project as mentioned in Annexure C are valid and subsisting subsisting. Further, all approvals, licenses and have been permits to be issued by the competent authorities with respect to the Phase II Project and said Building shall be obtained by following due process of law. Further, law and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Land, Phase II Project and Unit and common areas;Common Areassaid 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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viii) The said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/ or no minor has any right, title and claim over the said Land. (ix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 LandPhase II Project) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ except those disclosed in the title report. (xi) The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee(s) as advance or deposit, sums received on account of the share capital for the promotion of the Organisation or towards the outgoings, legal charges and shall utilize the amounts only for the purposes for which they have been received. (xii) The Promoter confirms as follows a. In case during the course of construction and/or after the completion of the Phase II Project, further construction on any portion of vacant land or building or terrace becomes possible, the Promoter shall have the exclusive right to take up or complete such further construction. b. In the event of paucity or non-availability of any material the Promoter may use alternative materials/ article but of similar good quality. The decision of the Promoter on such changes shall be final. c. Drinking Water, Sewerage and Drainage Source: Water Supply, Sewerage and Drainage Connection would be made available from such source as may be provided or permitted by the competent authorities as mentioned in Annexure C. d. Fire Fighting : Fire fighting facilities would be made available as per the approved plans as may be provided or permitted by the competent authorities as mentioned in Annexure C. e. Emergency and evacuation facilities : Emergency facilities would be made available as per the approved plans as may be provided as mentioned in Annexure C. f. Use of renewable facilities : Details of sustainable development and use of renewable facilities is provided as mentioned in Annexure C. (xiii) It is agreed between the Promoter and the Allottee(s) that to ensure uniformity and minimal interference with structures, ducting, internal cabling etc. in the Project, it is agreed that the Promoter shall regulate the entry of telecom agency/services in the Project. (xiv) The Promoter reserves its right to handover the Phase II Project in whole or in parts to any other entity, such as partnership firm, body corporate(s) whether incorporated or not, association or agency etc. by way of sale/disposal or any other arrangement, as may be decided by the Promoter in its sole discretion without any intimation, written or otherwise to Allottee(s) and the Allottee(s) agrees that they shall not raise any objection in this regard.

Appears in 1 contract

Samples: Apartment Buyer’s Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; a s d e c l a r e d in th 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 eme n t an d ha s the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Model Form of Agreement Between Promoter and Allottee

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as followsFollows: (i) There are no litigations affecting the Said Land at present before any Court of law or Authority with respect to the Said land or Project except those disclosed in the Title Report . The Promoter Owner/ Developer has absolute, clear and marketable titleright title with respect to the saidSaid Land and; said phase land the requisite authority and rights to carry out development upon the saidSaid Land said phase land and absolute, actual, physical and legal possession of the saidSaid Land said phase land for the Project;project . (In case On the basis of the title assurances by the Owners and/ or their Advocates and after referring to the papers and documents supplied by them the Promoter is not owner of shall ensure the Land, give details of collaboration with such owner)Owner’s title; (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 t o time to complete the development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land said phase land or the Project; project save and except mentioned in RERA website.mortgage created with _ _ for availing construction finance; (iv) There are no litigations pending before any Court court of law or Authority with respect to the saidProject Landsaid land, Project project or the UnitRow House/ Bungalow;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid Land said land and Unit Row House/ Bungalow are valid and subsisting and have been obtained by following the due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Projectproject, Said Landsaid land, Building and Unit Row House/ Bungalow and common areas;Common Areasareas till the date of handin g over of the Project to the Association of the Allottees.; (vi) The Promoter has the right to enter into this Agreement agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially pre judicially be affected;. (vii) The Promoter promoter has not entered into any agreement for saleSale and/or sale and/ or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit Row House/ Bungalow which willshallwill, in any manner, affect the rights r ights of Allottee(s) allottee under this Agreementagreement;. (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [ Row House/ Bungalow / Plot ] to the Allottee(s) allottee in the any manner contemplated in this Agreement;. (ix) At the time of execution ex ecution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [ Row House/ Bungalow / Plot ] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or association of the competent authority, as Alottees once the case maybe.same being formed and registered; (x) The Schedule PropertySaid Land property is not the subject mattersmatter matter of any HUF Hindu Undivided Family and that no part thereof is owned by any minor and /or no and/ or minor has any right, title and claim over the Schedule Property;Said Land.schedule property; (xi) The Promoter promoter has duly paid and shall continue to pay and an d discharge all governmental dues, rates, charges and taxes rates and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) of Projec t/ phase has been issued and Notice of possession issued irrespective of whether physical possession of the ApartmentalongUnit, along with Row House/ Bungalow alongwith common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society Association of Allottees or the competent authority, as the case maybe;maybenot.; (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 Landproperty) has been received by or served upon the Promoter promoter in respect of the saidSaid Land said land and/ or the Project.project;

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows:follows:- (i) The Promoter has absolute, clear lawful rights and marketable titleright title with respect to the saidSaid Land and; said Land, the requisite rights right to carry Carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite requisites approvals from the competent authorities Authority to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land said land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Landsaid land, Project or the Unit;Apartment. (v) All approvalsapproval, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit Apartment and common areas;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, 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 saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, in any manner, affect the rights of Allottee(s) under this Agreement;. (viii) The This Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ixviii) At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybemay be. (xix) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandProperties. (xix) The Promoter has duly paid and shall continue to pay and discharge all governmental government dues, ratesrate, 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/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybemay be. (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, other notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or said land and/or the Project.

Appears in 1 contract

Samples: Deed of Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Buildings and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit Apartment which willshallwill, 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 Unit 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 the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the Structure to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as followsfollows : (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report ;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areasareas; v As per Brochure Client or Allottee is completely aware the changes made timely as & when required by promoter & Such changes or deletion of specification’s or Amenities are known to the Allottee & also gives unequivocal consent any further changes, modification made by Promoter. (vi) i. 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 saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Partnership Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Projectproject;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Projectproject;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned : [in RERA website.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 saidProject said Land, Project or the Unit;. (v) [Apartment/ Plot]; All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [apartment/ Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, building and Unit [Apartment/ Plot] and common areas;Common Areas. (viareasvi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby . Whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in RERA website.or over such land] (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unitplot/duplex[Apartment/Plot];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit plot/duplex[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 lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit plot/duplex[Apartment/Plot] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit which willshallplot/duplex[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 Unit to plot/duplex[Apartment/Plot]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 Unit plot/duplex[Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of plot/duplex, apartment, plot or building, as the ApartmentalongUnitcase may be, along of the Projectalong with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybemay be; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the plot/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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or 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

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit;.Residential Plot No. H. ...... (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit Residential Plot No. H. ...... 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 lawsApplicable Law laws in relation to the Project, Said said Land, and Unit Residential Plot No. H and common areas;Common Areas.area; (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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.Residential Plot No. H. ...

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) If the Promoter fails to abide by the time schedule for completing the project and handling over the [Apartment /Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest at the rate of 6% per annum, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest at the rate of 6% per annum, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter. (ii) The Original Owner has absolute, clear and marketable titleright title with respect to the saidSaid Project Land and; as declared in the Title Report annexed to this Agreement. Pursuant to the Development Agreement, the Original Owner has given the requisite development rights to the Promoter to carry out development upon the saidSaid Project Land and absolute, also handed over the actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case the Promoter is not owner implementation of the LandProject, give details of collaboration with such owner)subject to the terms and conditions contained under the Development Agreement. (iiiii) The Promoter has lawful rights and requisite approvals from the competent authorities Authority to carry out development of the Project;. (iii) There are no other encumbrances upon Project and shall obtain requisite Approvals from time to time to complete the saidSaid Land or development of the Project; except mentioned in RERA website. (iv) That Owner/ Promoter has obtained the Term/project Loan facility from Bank of India amounting to Rs. 5 crores. The Owner / Promoter hereby undertakes and indemnify to arrange Release Letter / No Objection Certificate for the unit from Bank of India before the execution of the full and final Sale / Conveyance Deed in favour of the Allottee. There are such encumbrances upon the Project and those disclosed in the Title Report. (v) There are no litigations pending before any Court of law or the Authority with respect to the saidProject Land, Project Land or Project except those disclosed in the Unit;Title Report. (vvi) All approvals, licenses and permits Approvals issued by the competent authorities Authority with respect to the Project, saidSaid Land and Unit Project are valid and subsisting and have been obtained by following due process of law. Further, all Approvals to be issued by the Authority with respect to the Project shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance incompliance with all applicable lawsApplicable Law Applicable Laws in relation to the Project, Said Land, and Unit and common areas;Common Areas. (vivii) The Promoter has the right to enter into in to this Agreement and has not committed or omitted to perform any act or actor thing, whereby where by the right, title and interest of the Allottee(s) created hereinAllottee, may prejudicially be affected;. (viiviii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, Project including the Project and the said Unit Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all 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 Authority up to the completion certificate/ occupancy certificate (as applicable) has been issued Scheduled Possession Transfer Date. However, on and possession from the Scheduled Possession Transfer Date, the Allottee shall be liable to pay all the applicable payments and charges in respect of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeApartment. (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification Authority (including any notice for acquisition or requisition of the said propertySaid Project Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the ProjectProject except those disclosed in the Title Report.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) 1. The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project; 2. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) 3. There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [in RERA website.case there are any encumbrances on the land provide details of such encumbrances including anyrights, title, interest and name of party in or over such land] (iv) 4. There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) 5. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot] and common areas;Common Areas.areas; (vi) 6. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (vii) 7. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) 8. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [Apartment/Plot] to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) 9. At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.Allottees; (x) 10. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.Property; (xi) 11. The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (xii) 12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landsaidproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project; 13. That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. (a) The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter [Promoter] has absolute, clear and marketable titleright title [as per search report dated ___ obtained from Xx.Xxxxxx Xxxxxx, Advocate in Schedule-6] with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [In case there are any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in RERA websiteor over such land]. In case if the company’s Promoters take loan on other unsold unit(s) to complete the project in time and mortgage the title documents and the project land as security, the Allottee shall have no objection. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the UnitApartment (Condominium) / Villa;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit Apartment (Condominium) / 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 lawsApplicable Law laws in relation to the Project, Said said Land, building and Unit Apartment (Condominium) / Villa and common areas;Common Areas.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 saleSale and/or sale and or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landsaid land, including the Project and the said Unit Apartment (Condominium) / Villa which willshallwill, 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 Unit Apartment (Condominium) / Villa 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 Unit Apartment (Condominium) / Villa to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land property is not the subject mattersmatter matter of any HUF Hindu Undivided Family (HUF) and that no part thereof is owned by any minor and /or / or no minor has any right, title and claim over the Schedule Property;Said Land.Property; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and / or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.may be; and; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinanceGovernment Ordinance, order, notification Order Notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land said land and/ or the Project. (b) The Allottee hereby represents and warrants as follows: (i) The Allottee has represented that hd / she/ it has full arrangement of the funds and the payment of the agreed consideration within the stipulated time would be made to ensure the uninterrupted development and construction of the said project complex within the stipulated time is carried out b the promoter. (ii) The Allottee herein represent that in case if the cancellation is made by him / her / it then the applicable refund amount shall be paid by the Promoter from the funds to be generated from the sale of the apartment (condominium) / villa allotted under this agreement, net of tax paid to the government, if any. (iii) The ITDS deducted by allottee from time to time, if applicable, shall be depositd well within time, and if delayed, the allottee shall be liable to pay interest in terms of this agreement. (iv) The allottee, upon possession of the apartment (condominium) / Villa shall abide by the terms and conditions of the association and shall live in such a manner that the façade of the complex is not looking shabby condition and / or not objectionable to the other occupants. (v) That the allottee shall pay interest on delayed payment which shall be cost of lending rates of State Bank of India + 2%.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein Promoter here by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter Owner has absolute, clear and marketable titleright title with respect to the saidSaid Land and; Said Premises and the requisite Authority and rights to carry out development upon the saidSaid Land Said Premises and absolute, actual, physical and legal possession of the saidSaid Land Said Premises for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Land Said Premises or the Project; except mentioned in RERA website.; (iv) . There are no litigations litigation's pending before any Court of law or Authority with respect to the saidProject LandSaid Premises, Project or the UnitApartment;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land Xxxx Xxxxxxxx and Unit 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 lawsApplicable Law laws in relation to the Project, Said LandPremises, Building and Unit said Apartment and common areas;Common Areas.areas of the Project till the date of handing over of the Project to the association of allottees; (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby where by 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 saleSale sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the saidSaid Landsaid apartment, including the Project and the said Unit which willshallwill, 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 Unit 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 Unit Apartment to the Allottee(s) Allottees and the common areasCommon Areas areas of the project to the Maintenance Society; Association of the Allottees, upon its formation or the competent authority, as the case maybe.same being formed and registered; (x) x. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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 outgoingsout goings, whatsoever, payable with respect to the said Project project to the competent authorities Authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and irrespective of possession of the ApartmentalongUnit, apartment along with common areasspecified Common Areas of the Project (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.not; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or Said Premises 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. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) 1. The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of possessionof the saidSaid said Land for the Project; 2. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) 3. There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [in RERA website.case there are any encumbrances on the land provide details of such encumbrances including anyrights, title, interest and name of party in or over such land] (iv) 4. There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) 5. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot] and common areas;Common Areas.areas; (vi) 6. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affectedbeaffected;. (vii) 7. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) 8. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [Apartment/Plot] to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) 9. At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.Allottees; (x) 10. The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.Property; (xi) 11. The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (xii) 12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project; 13. That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the ProjectProject(s) or phase(s), saidSaid Land and Unit as the case may be, as well as for the Plot being sold to the Allottee(s) are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the ProjectProject(s) or phase(s), Said Landas the case may be, and Unit and common areas;Common Areas.as well as for the Plot (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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit Plot which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Plot to the Allottee(s) in the manner contemplated in this Agreement;. (ixviii) At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Plot for Residential usage to the Allottee(s) and the ), Promoter Allottee common areasCommon Areas areas to the Maintenance Society; upon its formation association of Allottees or the competent authority, as the case maybe.may be, as provided under Rule 2(1)(f) of HRERA Rules, 2017; (xix) The Schedule PropertySaid Land detailed in Schedule-1 is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/ or no minor has any right, title and claim over the Schedule Property;Said LandLand detailed in Schedule-1. (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/ occupancy certificate (as applicable) has been issued and offer of possession of plot as per the ApartmentalongUnitprovisions of the Haryana Development and Regulation of Urban Areas Act, along with common areasspecified Common Areas (1975, rules thereof, equipped with all the specifications, amenities ,facilities as per the agreed terms and facilitiesconditions and common areas as provided under Rule 2(1)(f) has been handed over to the Allottee(s) and the Maintenance Society or the competent authorityof HRERA Rules, as the case maybe;maybe.2017; (xiixi) No notice from the Government or any other local body or authority Authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. 8.1 The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the requisite rights to carry out development upon the saidSaid Said Land and absolute, actual, physical and legal possession of the saidSaid Said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA website. (iv) . There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject Land, Project or the Unit;said Plot. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit are valid and subsisting and have been obtained by following due process of lawiv. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law in relation to the Project, Said Land, and Unit 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) v. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Project Land, including the Project and the said Unit Plot which willshallwill, in any manner, affect the rights of Allottee(s) the Allottee under this Agreement;. (viii) vi. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Plot to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) vii. At the time of execution of the conveyance deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit said Plot to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottee; (x) viii. The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Project Land.; (xi) ix. The Promoter has duly paid and shall 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 (as applicable) has been will be issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been said Plot will be handed over to the Allottee(s) Allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.may be; (xii) x. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project.

Appears in 1 contract

Samples: Plot Buyer Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter promoter hereby represents and warrants to the Allottee(s)undertakes allottee/s as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; project land: as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land projects land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)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 other encumbrances upon the saidSaid Land project land or the Project; project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 . Remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Land, and Unit Project Land ,Building/ wing and common areas;Common Areas.areas; (vi) . The Promoter promoter has the right to enter into this Agreement agreement and has not committed or omitted to perform any act or thingof 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 saleSale and/or sale and /or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project project and the said Unit [apartment/plot] which willshallwill, in any manner, affect the rights of Allottee(s) allottee under this Agreement;. (viii) . The Promoter promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit [apartment/plot] to the Allottee(s) allottee in the manner contemplated in this Agreementagreement;. (ix) . At the time of execution of the conveyance deed, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the Structures to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottes; (x) x. The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, ratesrated, charges and taxes and other monies, levies, impositions, premiums, damages and/or and /or penalties and other outgoings, whatsoever, payable with respect to the said Project projects to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.authorities; (xii) xi. No notice from the Government government or any other local body or authority or any legislative enactment, government ordinance, order, notification notifications (including any ant notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and /or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has Promoterhas absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land/Project Land and; and the requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid theProject Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and Unit 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 lawsApplicable Law the Applicable Laws in relation to theProject, Unit and Common Areas and Facilities of the Project, Said Land, and Unit and common areas;Common Areas. (vi) The Promoter has the havethe 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) created herein, may prejudicially be affected;. (vii) The Promoter has have not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Scheduled Land, including the Project and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viii) The Promoter confirms that the Promoter is are not restricted in any manner whatsoever from selling the said Unit theUnit to the Allottee(s) in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed, Conveyance Deed of the Unit the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee(s) and the common areasCommon Common Areas and Facilities of the Projectshall be handed over to the Maintenance Society; upon its formation or the competent authority, as the case maybeResidents’ Association. (x) The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Project Land. (xi) The Promoter has duly haveduly paid and shall 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 Project (except the taxes mentioned in Clause 6.6 which shall be paid according to the said Project Clause) to the competent authorities till the completion certificate/ occupancy certificate (as applicable) authoritiestill Completion Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area and Facilities of the Project (equipped with all the specifications, amenities and facilities) has been handed over offered to the Allottee(s) and the Maintenance Society or the competent authorityResidents’ Association, as the case maybe;mayberespectively. (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) property has been received by or served upon the Promoter by which rights of Allottee(s) in respect of the saidSaid Project Land and/ or and/or the Project/Unit is being affected. (xiii) The Promoter shall not be responsible towards any third party making payments, remittances on behalf of any Allottee(s) and such third party shall not have any right under this Agreement and/or in the Unit, in any way and Promoter shall issue the payment receipts in favour of the Allottee(s) only and in case of cancellation by any such Allottee(s) refund as per the terms of the Agreement shall be made only to the Allottee(s).

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter [Promoter] has absolute, clear and marketable titleright with respect to the saidSaid Land and; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned in RERA website.; (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the UnitPlot;. (v) All approvals, licenses and permits issued by the competent authorities with respect to o the Project, saidSaid said Land and Unit 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 lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit Plot and common areas;Common Areas.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 saleSale and/or development agreement sale or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit Plot which willshallwill, 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 Unit 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Project Land and; and also has the requisite rights to carry out development upon the saidSaid Project Land and has absolute, actual, physical and legal possession of the saidSaid Land for the ProjectProject Land;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Project Land, and/or the Project Save and Except that the Project Land has been mortgaged by the Promoter in favour of Magma Housing Finance Limited, for securing loans availed/to be availed of by the Promoter for the purpose of development of the Project on the Project Land. The Promoter shall cause the said Magma Housing Finance Limited), 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 Project; except mentioned purchase of the Apartment and the Promoter further undertakes that the Promoter shall cause the said Magma Housing Finance Limited to release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the said Apartment in RERA website.favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances; (iv) There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject Project Land, /Project or the UnitApartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law in relation to the Project, Said Land, and Unit 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) created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, 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 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land and; and the requisite rights to carry out development upon the saidSaid Scheduled Land and absolute, actual, physical and legal possession of the saidSaid . Scheduled Land for the Said Project;. ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Said Project;. (iii) There . Except those mentioned in this Agreement, there are no other encumbrances upon the saidSaid Scheduled Land or the Said Project; except mentioned in RERA website. (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Scheduled Land, Said Project or the Unit;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, saidSaid Scheduled Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Said Project, Said Land, and Unit and common areas;Common AreasCommon Areas and Facilities of the Said Project. (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;. (vii) . The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Scheduled Land, including the Said Project and the said Unit which willshallwill, 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 Unit to the Allottee(s) 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 Unit to the Allottee(sAllottee (s) and theCommon Areas and Facilities of the common areasCommon Areas Said Project to the Maintenance Society; upon its formation or the competent authority, as the case maybeOwners Association. (x) x. The Schedule PropertySaid Developable Land is not the subject mattersmatter 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 overthe Developable 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 Said Project to the competent authorities Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Completion Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeOwners Association. (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Scheduled Land and/ or and/or the Said Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Land or the said Project; except mentioned in RERA website.; (iv) . There are no litigations pending before any litigationspendingbeforeany Court of law or lawor Authority with respect to the saidProject Land, said Project or the Unitorthe Apartment;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit Apartment are valid and subsisting and have been obtained by following due process andhavebeenobtainedbyfollowing dueprocess of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit Apartment and common areas;Common Areas.areas; (vi) . The Promoter has the right rights to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest andinterest of the Allottee(s) created hereintheAllotteecreatedherein, may prejudicially be affected;. (vii) . The Promoter has not entered into any agreement promoterhasnot beenenteredinto anyagreement for saleSale and/or saleand/ or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, said Land including the Project and the said Unit Apartment which willshallwill, 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 Unit to Apartmentto 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 Unit Apartment to the Allottee(s) Allottee and the common areasCommon Areas commonareas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) x. The Schedule PropertySaid Land schedule Property is not the subject mattersmatter notthesubject matter of any HUF and that andthat 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.Property; (xi) . The Promoter has duly paid and shall Promoterhasdulypaid andshall continue to pay and topayand discharge all governmental dues, rates, charges and taxes and other moniesandtaxes andothermonies, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnitapartment, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.may be; (xii) . No notice from the Government or any orany other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby /Ownerhereby represents and warrants to the Allottee(s)undertakes allottee(s) as follows: (i) The Promoter has Promoter/Ownerhas absolute, clear and marketable titleright title with respect to the saidSaid Land and; said land and the requisite rights to carry out development upon the saidSaid Land said land and absolute, actual, physical and legal possession of the saidSaid Land said land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has Promoter/Ownerhas lawful rights and requisite approvals from the competent authorities to carry out the development of the Project;project. (iii) There are no other encumbrances upon the saidSaid Land said land or the Project; except mentioned in RERA websiteproject as on date. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Landsaid land, Project project or the Unit;unit. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, saidSaid Land said land and Unit unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has Promoter/Ownerhas been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Projectproject, Said Land, and Unit unit and common areas;Common Areasareas. (vi) The Promoter has Promoter/Ownerhas the right to enter into this Agreement agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(sallottee(s) created herein, may prejudicially be affected;. (vii) The Promoter has Promoter/Ownerhas not entered into any agreement for saleSale and/or development sale agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Landsaid land, including the Project project and the said Unit unit which willshallwill, in any manner, affect the rights of Allottee(sallottee(s) under this Agreement;agreement. (viii) The Promoter confirms Promoter/Ownerconfirms that the Promoter is Promoter/Owneris not restricted in any manner whatsoever from selling the said Unit unit to the Allottee(sallottee(s) in the manner contemplated in this Agreement;agreement. (ix) At the time of execution of the conveyance deed, the Promoter shall Promoter/Ownershall handover lawful, vacant, peaceful, physical possession of the Unit unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybeallottee(s). (x) The Schedule PropertySaid Land scheduled land is not the subject mattersmatter 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 Landscheduled land. (xi) The Promoter has Promoter/Ownerhas duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project (except the taxes mentioned in Clause 7.2 which shall be paid according to the said clause) to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeproject. (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 Landproperty) has been received by or served upon the Promoter in Promoter/Ownerin respect of the saidSaid Land and/ or scheduled land and/or the Projectproject. (xiii) The Promoter/Ownershall not be responsible towards any third party making payments, remittances on behalf of the allottee(s) and such third party shall not have any right under this agreement and/or in the unit, in any way, and the Promoter/Ownershall issue the payment receipts in favour of the allottee(s) only and in case of cancellation by any such allottee(s), refund as per the terms of this agreement shall be made only to the allottee(s).

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned the charge of State Bank of India, SME Branch, Gwalior [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in RERA website.or over such land] (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit[Apartment/Plot];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment/Plot] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment/Plot] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 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, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit [Apartment/Plot] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of apartment, plot or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybe.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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants warrant to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and Owners have marketable titleright title with respect to the saidSaid Land andProject Land; and the Promoter has requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, actual physical and legal possession of the saidSaid Project Land for developing the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Project Land or and the Project; except mentioned in RERA website.; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project Land or the UnitApartment;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land Project and Unit 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 lawsApplicable Law laws in relation to the ProjectProject and the Apartment and the Common Areas, Said Land, and Unit and common areas;Common Areas.if 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 Owners/Promoter has have not entered into any agreement for saleSale sale and/or development agreement (save and except the development agreement referred here) or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project Land and the said Unit Apartment which willshallwill, 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 Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Common Areas of the Project to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be, after the completion of the Project; (x) x. The Schedule PropertySaid Project Land is not the subject mattersmatter 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 Project Land.; (xi) . The 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 competent authorities Authority till Occupancy Certificate or Completion Certificate issued irrespective of whether the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment along with common areasspecified the Common Areas Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of the Allottees or the competent authority, as the case maybe;maybe.not; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project; xiii. That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter and Joint ventures has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit;apartment. (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit apartment and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit apartment which willshallwill, 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 Unit 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land/Project Land and; and the requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Project Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and Unit 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 lawsApplicable Law the Applicable Laws in relation to the Project, Said Land, and Unit and common areas;Common AreasCommon Areas and Facilities of the Project. (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) created herein, may prejudicially be affected;. (vii) The Promoter has have not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Scheduled Land, including the Project and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under this Agreement;. (viii) The Promoter confirms that the Promoter is are not restricted in any manner whatsoever from selling the said Unit to the Allottee(s) in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deed, Conveyance Deed of the Unit the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee(s) and the common areasCommon Common Areas and Facilities of the Project shall be handed over to the Maintenance Society; upon its formation or the competent authority, as the case maybeResidents’ Association. (x) The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Project Land. (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 Project (except the taxes mentioned in Clause 6.6 which shall be paid according to the said Project Clause) to the competent authorities till the completion certificate/ occupancy certificate (as applicable) authoritie still Completion Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area and Facilities of the Project (equipped with all the specifications, amenities and facilities) has been handed over offered to the Allottee(s) and the Maintenance Society or the competent authorityResidents’ Association, as the case maybe;mayberespectively. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice notice) for acquisition or requisition of the said propertySaid Land) property has been received by or served upon the Promoter by which rights of Allottee(s) in respect of the saidSaid Project Land and/ or and/or the Project/Unit is being affected. (xiii) The Promoter shall not be responsible towards any third party making payments, remittances on behalf of any Allottee(s) and such third party shall not have any right under this Agreement and/or in the Unit, in any way and Promoter shall issue the payment receipts in favour of the Allottee(s) only and in case of cancellation by any such Allottee(s) refund as per the terms of the Agreement shall be made only to the Allottee(s).

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land/Project Land and; and the requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, physical and legal possession of the saidSaid Project Land for the Said Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Said Project;. (iii) There Except those mentioned in this Agreement, there are no other encumbrances upon the saidSaid Project Land or the Said Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Said Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Said Project, saidSaid Project Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Said Project, Said Land, and Unit and common areas;Common AreasCommon Areas and Facilities of Whole Project/Common Areas and Facilities of the Said Project. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Project Land, including the Said Project and the said Unit which willshallwill, 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 Unit to the Allottee(s) 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 Unit to the Allottee(s) and the common areasCommon Common Areas and Facilities of the Said Project to the Maintenance Society; upon its formation or the competent authority, as the case maybeOwners Association. (x) The Schedule PropertySaid Project Land is not the subject mattersmatter 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 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 Said Project to the competent authorities Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Completion Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeOwners Association. (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Said Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. 8.1 The Subject to the disclosures made herein by the Promoter, the Promoter and Owner hereby respectively represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter Owner has absolute, clear and marketable titleright title with respect to the saidSaid Land and; the said Premises. The Promoter has requisite rights to carry out development upon the saidSaid Land said Xxxxxxxx and absolute, actual, has physical and legal possession of the saidSaid Land land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;said Premises. (iii) There are no other encumbrances upon the saidSaid Land said Premises and also upon the Allotted Apartment Provided that if any encumbrance is created by the Promoter for the purpose of taking construction finance for the Project from any Bank or Financial Institution then and in such event the Project; except mentioned in RERA websitePromoter shall be obligated to cause to be redeemed/released the mortgage/charge on the Allotted Apartment from the mortgagee at or before the delivery of possession of the Allotted Apartment to the Allottee. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land the said Xxxxxxxx and Unit Allotted Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Landsaid Premises, Allotted Apartment and Unit and common areas;Common Common Areas. (viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title right and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (viivi) The Owner/Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, said Premises including the Project and the said Unit Allotted Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viiivii) The Owner/Promoter confirms that the Promoter it is not restricted in any manner whatsoever from selling the said Unit Allotted Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ixviii) At the time of or before the execution of the conveyance deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the Unit Allotted Apartment to the Allottee(s) Allottee and the common areasCommon Common Areas to the Maintenance Society; upon its formation or Association subject to the competent authority, as same being formed and becoming operationalization for the case maybeacts relating to the Common Purposes. (xix) The Schedule PropertySaid Land Allotted Apartment is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said LandAllotted Apartment. (xix) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued by the competent authority and shall pay proportionate share thereof (attributable to the Allotted Apartment) till the period mentioned in the intimation notice to the Allottee to take possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society Allotted Apartment or the competent authorityactual date of delivery of possession, as the case maybe;maybewhichever be earlier. (xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid LandPremises) has been received by or served upon the Owner/Promoter in respect of the saidSaid Land and/ or said Premises and/or the Project. (xii) The said premises is not waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject 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 e x e d t o t h i s a g r e eme n t a n d h a s the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit 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, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit c ommo 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 areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Model Agreement Between Promoter and Allottee

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the Promoter has requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, actual physical and legal possession of the saidSaid Project Land for developing the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Project Land or the Project; except mentioned in RERA website.,; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Project or the Commercial Unit;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and the Commercial 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 lawsApplicable Law laws in relation to the Project, Said the Project Land, the Building and Unit and common areas;Common Areas.the Commercial Unit; (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 saleSale Sale and/or development agreement or any other agreement / agreement/arrangement with any person or and party with respect to the saidSaid Land, Project Land including the Project and the said Commercial Unit which willshall, 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 Commercial Unit to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit and Exclusive Common Lobby (if any) and/or Exclusive Floor Area (if any)to the Allottee and the Complex Common Areas , to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation Allottees or the competent authority, as the case maybemay be. (x) x. The Schedule PropertySaid Land Said land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Said Land.; (xi) . The Promoter has duly paid and shall continue to pay and discharge all governmental government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities Competent Authority till the completion certificate/ occupancy certificate (Occupancy Certificate and/or Completion Certificate or Partial Completion Certificate, as applicable) the case may be, has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Complex Common Areas , Exclusive Common Lobby(if any) and/or Exclusive Floor Area (if any) (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and Allottee and/or the Maintenance Society Association of Allottees or the competent authorityCompetent Authority, as the case maybe;maybemay 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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject 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 e x e d t o t h i s a g r e eme n t a n d h a s the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit 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, deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit c ommo 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 areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Model Agreement Between Promoter and Allottee

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Owner and Promoter hereby respectively represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter Owner has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the Promoter has requisite rights to carry out development upon the saidSaid Project Land and the Owner has absolute, actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case with license to the Promoter is not owner of to carry out the Land, give details of collaboration with such owner)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 Kotak Mahindra Investments Limited for construction of the Project by mortgaging, amongst other properties, the Project Land and the construction, there are no other encumbrances upon the saidSaid Unit and appertaining share in Project Land or in the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Project or the UnitDesignated Apartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and Unit Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Project Land, Building and Unit Designated Apartment and common areas;Common Areas.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 have not entered into any agreement for saleSale sale (which is subsisting at present) and/or development agreement (save and except the Development Agreement) or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, Project Land including the Project and the said Unit Designated Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) The Owner/Promoter confirms that the Owner/Promoter is are not restricted in any manner whatsoever from selling the said 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 Unit and Parking Facility, if any, to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.allottees; (x) The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said 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 Authorities but save those payable by the completion certificate/ occupancy certificate (as applicable) has been issued Allottee and possession other owners of apartments and other areas in the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Project; (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 Project Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project. (xiii) That the Project Land is not Waqf property.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Scheduled Land and; and the requisite rights to carry out development upon the saidSaid Scheduled Land and absolute, actual, physical and legal possession of the saidSaid Scheduled Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner). (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Scheduled Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Scheduled Land, Project or the Unit;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Scheduled Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Land, and Unit and common areas;Common AreasCommon Areas and Facilities of the Project. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Scheduled Land, including the Project and the said Unit which willshallwill, 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 Unit to the Allottee(s) 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 Unit to the Allottee(s) and the common areasCommon Common Areas and Facilities of the Project to the Maintenance Society; upon its formation or the competent authority, as the case maybeAssociation. (x) The Schedule PropertySaid Scheduled Land is not the subject mattersmatter 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 Scheduled 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 Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Completion Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeAssociation. (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Scheduled Land and/ or and/or the Project. (xiii) The Promoter shall not be responsible towards any third party making payments, remittances on behalf of any Allottee(s) and such third party shall not have any right in this Agreement, in any way and Promoter shall issue the payment receipts in favour of the Allottee(s) only.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants warrant to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and Owners have marketable titleright title with respect to the saidSaid Land andProject Land; and the Promoter has requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, actual physical and legal possession of the saidSaid Project Land for developing the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) . There are no other encumbrances upon the saidSaid Project Land or and the Project; except mentioned in RERA website.; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project Land or the UnitApartment;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land Project and Unit 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 lawsApplicable Law laws in relation to the ProjectProject and the Apartment and the Common Areas, Said Land, and Unit and common areas;Common Areas.if 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 Owners/Promoter has have not entered into any agreement for saleSale sale and/or development agreement (save and except the development agreement referred here) or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project Land and the said Unit Apartment which willshallwill, 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 Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Common Areas of the Project to the Maintenance Society; upon its formation association of allottees or the competent authority, as the case maybe.may be, after the completion of the Project; (x) x. The Schedule PropertySaid Project Land is not the subject mattersmatter 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 Project Land.; (xi) . The 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 competent authorities Authority till Occupancy Certificate or Completion Certificate issued irrespective of whether the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment along with common areasspecified the Common Areas Area, (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of the allottees or the competent authority, as the case maybe;maybe.not; (xii) . No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project; xiii. That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Owner and Promoter hereby respectively represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter Owner has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the Promoter has requisite rights to carry out development upon the saidSaid Project Land and the Owner has absolute, actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case with license to the Promoter is not owner of to carry out the Land, give details of collaboration with such owner)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 for construction of the Project by mortgaging, amongst other properties, the Project Land and the construction, there are no other encumbrances upon the saidSaid Unit and appertaining share in Project Land or in the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Project or the UnitDesignated Apartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Project Land and Unit Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Project Land, Building and Unit Designated Apartment and common areas;Common Areas.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 have not entered into any agreement for saleSale sale (which is subsisting at present) and/or development agreement (save and except the Development Agreement) or any other agreement / agreement/arrangement with any person or party with respect to the saidSaid Land, Project Land including the Project and the said Unit Designated Apartment which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) The Owner/Promoter confirms that the Owner/Promoter is are not restricted in any manner whatsoever from selling the said 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 Unit and Parking Facility, if any, to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.allottees; (x) The Schedule PropertySaid Project Land is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.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 propertySaid Project Land) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ or and/or the Project. (xiii) That the Project Land is not Waqf property. (xiv) The Promoter intends to make an application to the Regulatory Authority in terms of the Rules published on 27th July, 2021 upon the office of the authority become operational and ready to receive the same and the provisions and contents of this Agreement may undergo modifications or alterations if so required by the Regulatory Authority.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid said Land and; and the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. ; (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit;.; (In case litigation, give details) (viv) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Land, and Unit and common areas;Common Areas.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;. (viiv) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit which willshallwill, 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 Unit to the Allottee(s) in the manner contemplated in this Agreement;. (ixvii) At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee(s) and the common areasCommon Areas areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.; (xviii) The Schedule PropertySaid Land Property is not the subject mattersmatter 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 Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment/ Plot along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society or the competent authority, as the case maybe;maybe.may be; (xiix) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project. (xi) Subject to the timely payment of the installments / dues promoter agrees the allotee shall have exclusive ownership of the said apartment. (xii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share/interest of Allottee in the Common areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. further, the right of the staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter convey undivided proportionate title in the common area to the organization / association / association as may be former by the promoter as provided in the Act. (xiii) It is made clear by the Promoter and the Allottee agrees that the Apartment along with ………….. garage/closed parking (if any) shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project as stated in Schedule ……. out of the said Land stated in Schedule I and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Buyer. (i) Detail of the land :-

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter [Promoter] has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [in RERA website.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 saidProject said Land, Project or the Unit[Apartment];. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said said Land, Building and Unit [Apartment] and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit [Apartment/Plot] which willshallwill, 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 Unit [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 Unit [Apartment] to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation or Association of the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes as Allottee(s)as follows: (i) 8.1. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; Scheduled Land/project land and the requisite rights to carry out development upon the saidSaid Project Land and absolute, actual, physical and legal possession of the saidSaid Project Land for the Said Project;. 8.2. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Said Project;. (iii) There 8.3. Except those mentioned in this Agreement, there are no other encumbrances upon the saidSaid Project Land or the Said Project; except mentioned in RERA website. (iv) 8.4. There are no litigations pending before any Court of law or Authority with respect to the saidProject Project Land, Said Project or the Unit;. (v) All approvals8.5. Allapprovals, licenses and permits issued by the competent authorities with respect to the Said Project, saidSaid Scheduled Land and Unit are valid and subsisting and have been obtained by following due followingdue process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Said Project, Said Land, and Unit and common areas;Common AreasCommon Areas and Facilities of said Project. (vi) 8.6. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) created Allottee(s)created herein, may prejudicially be affected;. (vii) 8.7. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / or arrangement with any person or party with respect to the saidSaid Project Land, including the Said Project and the said Unit which willshallwill, in any manner, affect the rights of Allottee(s) under Allottee(s)under this Agreement;.. Authorised Signatory (viii) 8.8. The Promoter confirms that the Promoter is IS not restricted in any many manner whatsoever from selling the said Unit to the Allottee(s) in the manner contemplated in this Agreement;AgreemeJ;lt. (ix) 8.9. At the time of execution of the conveyance deed, deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe). (x) 8.10. The Schedule PropertySaid Project Land is not the subject mattersmatter matters of any HUF and that no part thereof is owned by any minor and /or for no minor has any right, title and claim over the Schedule Property;Said Project Land. (xi) 8.11. The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or andf or penalties and other outgoings, whatsoever, payable with respect to the said Said Project to the competent authorities Competent Authorities till the completion certificate/ occupancy certificate (as applicable) Completion Certificate has been issued and possession of the ApartmentalongUnit, Unit along with common areasspecified Common Areas Area (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeAllottee(s)and Owners Association. (xii) 8.12. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Project Land and/ andf or the Said Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee/s as follows:follows:- (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land and; project land, as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, actual, also has actual physical and legal possession of the saidSaid Land project land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)Project. (ii) . The Promoter has lawful rights right and requisite approvals from the competent authorities to carry out development of the Project;Project and shall obtain requisite approvals from time to time to complete the development of the project. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA websitethe title report. (iv) . There are no litigations litigation pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unit;title report. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areasareas. (vi) . The Promoter has the right to enter into this Agreement and has had 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 saleSale sale and/or development agreement or any other agreement / arrangement /arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit Apartmentt which willshallwill, in any manner, affect the rights of Allottee(s) Allottee/s under this Agreement;. (viii) . The Promoter confirms confirm that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee(s) Allottee/s in the manner contemplated in this Agreement;. (ix) . At the time of execution of the conveyance deed, deed of the Promoter structure to the association of allottee the Promoters shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the structure to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybeAllottees. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) x. The Promoter has duly paid and shall continue to pay and discharge all governmental undisputed Government dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and nor penalties and other outgoings, whatsoever, ’ whatsoever payable with respect to the said Project to the competent authorities Competent Authority which are legally and lawfully payable by him till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, project as the case maybe;maybeintended by these presents. (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or Project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andsaid Land; the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land or the Project; except mentioned [In case there are, any encumbrances on the land provide details of such encumbrances including any rights, title, interest and name of party in RERA website.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 saidProject said Land, Project or the Unit;plot. (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Land, said Land and Unit and common areas;Common Areasplot. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee(s) Allottee created herein, may prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid said Land, including the Project and the said Unit plot which willshallwill, 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 Unit plot 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 Unit plot to the Allottee(s) Allottee and the common areasCommon Areas areas to the Maintenance Society; upon its formation association of Allottee or the competent authority, as the case maybe.may be; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter matter of any HUF and that no part thereof is owned by any minor and /or and/or no minor has any right, title and claim over the Schedule Property;Said Land.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/ occupancy certificate (as applicable) has been issued and possession of plot, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of Allottees or the competent authority, as the case maybe;maybemay be; except for the property tax and diversion rent etc., which will be levied on the Allottee from the date of registry of the plot in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale (Without Possession)

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid said Land and; and the requisite rights to carry out development upon the saidSaid said Land and absolute, actual, physical and legal possession of the saidSaid said Land for the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;. (iii) There Except for the encumbrance mentioned in Cl. F hereinbefore, there are no other encumbrances upon on the saidSaid Project Land or the Project; except mentioned in RERA website. (iv) There are no litigations pending before any Court of law or Authority with respect to the saidProject said Land, Project or the Unit;.; (In case litigation, give details) (v) All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid said Land and Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable lawsApplicable Law laws in relation to the Project, Said Land, and Unit and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the saidSaid said Total Land, including the Project and the said Unit which willshallwill, 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 Unit to the Allottee(s) 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 Unit to the Allottee(s) and the common areasCommon Areas areas to the Owners’ Association/ Maintenance Society; upon its formation Society or the competent authority, Competent Authority as the case maybe.shall be required under prevailing local laws; (x) The Schedule PropertySaid Land Property is not the subject mattersmatter 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 Land.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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, Apartment along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Owners’ Association/ Maintenance Society or the competent authority, as the case maybe;maybe.may be as per prevailing local laws; (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 Landproperty) has been received by or served upon the Promoter in respect of the saidSaid said Land and/ or and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Competent 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 other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development Development agreement or any other agreement / agreement/ arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [ Apartment / Plot ] which willshallwill, 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 Unit 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 the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit common areas of the Structure to the Allottee(s) and Association of the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe.Allottees; (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (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 propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Real Estate Development Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) a. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; as declared in the title report issued by promoter’s Advocate Firm M/s. …………………. dated ………………… (Annexure F) (“Title Report”) and has the requisite rights to carry out development upon the saidSaid Project Land and absolute, also has actual, physical and legal possession of the saidSaid Project Land for the Project;. (In case the Promoter is not owner implementation of the Land, give details of collaboration with such owner)Project subject to the subsisting mortgage thereon as is recited hereinabove. (ii) b. The Promoter has lawful rights and requisite approvals from the competent 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) c. There are no other encumbrances upon the saidSaid Project Land or the Project; project except mentioned those disclosed in RERA websitethe Title Report and recited in this Agreement. (iv) d. There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project Land or Project except those disclosed in the Unit;Title Report. (v) e. All drawings, sale plans, other drawings are as given to the Promoter by the appointed Architect, Structural Consultants, other consultants, the developer has thus disclosed the same to the Allottee and the Allottee is aware that professional liability have been undertaken by them individually with the Promoter which shall prevail on these consultants individually or cumulatively if there is any loss/ harm is caused to the Allottee and based on these said details of the drawings and the calculations and areas shown, the Allottee has agreed to take the said Plot. f. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land and Unit Project are valid and subsisting and have been obtained by following due process of law. FurtherFurther any other approvals, licenses and permits to be issued by the competent authorities with respect to the Project which may be required, shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance incompliance with all applicable lawsApplicable Law laws in relation to the Project, Said Land, and Unit Project and common areas;Common Areasareas. (vi) g. 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) h. The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit Plot which willshallwill, in any manner, affect the rights of Allottee(s) Allottee under this Agreement;. (viii) i. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit 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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) j. 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, dues payable with respect to the said Project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) said Plot has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybeAllottee. (xii) k. No notice from the Government or 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 saidSaid Land and/ or the Projectsaid Plot.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee(s) as follows: (i) 10.1.1 The Promoter Promotor has absolute, clear and marketable titleright title with respect to the saidSaid Land andProject Land; the Promoter has the requisite rights to carry out development upon the saidSaid Land and absolute, actual, physical and legal possession of the saidSaid Land for the Project;Project Land. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights the irrevocable right to enter into and remain in the Project Land together with its manpower, security personnel, materials, and equipment in order to develop the Project Land. 10.1.2 The Promotor has been granted the requisite approvals from by the competent concerned 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) 10.1.3 There are no other encumbrances upon the saidSaid Project Land or the Project; except mentioned in RERA website.; (iv) 10.1.4 There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, Project Land or the UnitProject;. (v) 10.1.5 All approvals, licenses and permits issued by the competent authorities Competent Authority with respect to the Project, saidSaid Project and Project Land and Unit 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 Authority with respect to the Project and Project Land 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 lawsApplicable Law the Applicable Law(s) in relation to the Project, Said Project and Project Land, and Unit and common areas;Common Areas.; (vi) 10.1.6 The Promoter has the right to enter into this Agreement and the Promoter 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 saleSale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Land, including the Project and the said Unit which willshall, in any manner, affect the rights of Allottee(s) under this Agreement;. (viii) 10.1.7 The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apt. to the Allottee(s) in the manner contemplated in this Agreement;. (ix) 10.1.8 At the time of execution of the conveyance deedSale Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit to Common Areas of the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, 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/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe. (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 saidSaid Land and/ or the Project.Entity;

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) i. The Promoter has absolute, clear and marketable titleright title with respect to the saidSaid Land andproject land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the saidSaid Land project land and absolute, also has actual, physical and legal possession of the saidSaid Land project land for the implementation of the Project; ii. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the ProjectProject and shall obtain requisite approvals from time to time to complete the development of the project;. (iii) . There are no other encumbrances upon the saidSaid Land project land or the Project; Project except mentioned those disclosed in RERA website.the title report; (iv) . There are no litigations pending before any Court of law or Authority with respect to the saidProject Land, project land or Project or except those disclosed in the Unittitle report;. (v) v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, saidSaid Land project land and Unit said development 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 development 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 lawsApplicable Law laws in relation to the Project, Said Landproject land, and Unit Building/wing and common areas;Common Areas.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 saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Landproject land, including the Project and the said Unit [Plot] which willshallwill, 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 Unit [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 Unit to the Allottee(s) and the common areasCommon Areas to the Maintenance Society; upon its formation or the competent authority, as the case maybe. (x) The Schedule PropertySaid Land is not the subject mattersmatter of any HUF and that no part thereof is owned by any minor and /or no minor has any right, title and claim over the Schedule Property;Said Land. (xi) . The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project project to the competent authorities till the completion certificate/ occupancy certificate (as applicable) has been issued and possession of the ApartmentalongUnit, along with common areasspecified Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) and the Maintenance Society or the competent authority, as the case maybe;maybe.Authorities; (xii) x. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Landproperty) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or project land and/or the ProjectProject except those disclosed in the title report.

Appears in 1 contract

Samples: Development/Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Subject to the disclosures made herein by the Promoter, the Promoter and/or Owners hereby represents and warrants to the Allottee(s)undertakes Allottee as follows: (i) The Promoter Owner has absolute, clear and marketable titleright title with respect to the saidSaid Project Land and; and the Phase Land and the Promoter has the requisite rights to carry out development upon the saidSaid Project Land and Phase Land and has absolute, actual, physical and legal possession of the saidSaid Project Land and the Phase Land for the said Phase of the Project;. (In case the Promoter is not owner of the Land, give details of collaboration with such owner) (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;. (iii) There are no other encumbrances upon the saidSaid said Land, and/or the Project save and except that the Project Land has been mortgaged by the Owners to Axis Bank Ltd. for securing a loan availed of by the Developer for the purpose of development of the Project on the Project Land. The Promoter shall cause the said Axis Bank, 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 Project; except mentioned 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 RERA website.favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances; (iv) There are no litigations pending before any Court court of law or Authority authority with respect to the saidProject said Land, /Project or the UnitApartment;. (v) All approvals, licenses and permits issued by the competent authorities with respect to the said Phase 1 of the Project, saidSaid Land and Unit Project Land, Phase Landand 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 lawsApplicable Law laws in relation to the Project, Said Project Land, buildings and Unit apartment and common areas;Common the 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 be prejudicially be affected;. (vii) The Promoter has not entered into any agreement for saleSale sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the saidSaid Project Land, including the Project said Phase and the said Unit Apartment which willshallwill, in any manner, affect the rights of Allottee(s) the Allottee under this Agreement;. (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Unit Apartment to the Allottee(s) Allottee in the manner contemplated in this Agreement;. (ix) At the time of execution of the conveyance deedConveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Unit Apartment to the Allottee(s) Allottee and the common areasCommon Areas pro rata share in the Phase Common Areas, Amenities and Facilities together with the right to enjoy the Project Common Areas, Amenities and Facilities, as and when the same are constructed/completed to the Maintenance Society; upon its formation Association of allottees or the competent authority, as the case maybemay be, after the completion of the Project. (x) The Schedule PropertySaid Land said Apartment is not the subject mattersmatter matter of any HUF and that to the best of the knowledge of the Owners and the Promoter, 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.said Apartment; (xi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, 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/ occupancy certificate (as applicable) of the Phase has been issued and possession of apartment or building, as the ApartmentalongUnitcase may be, along with common areasspecified Common Areas areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee(s) Allottee and the Maintenance Society association of allottees or the competent authority, as the case maybe;maybemay be. (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the saidSaid Land and/ or the Project.

Appears in 1 contract

Samples: Sale Agreement

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