REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows : (i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project; (ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; (iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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. (iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment; (v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected; (vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be; (x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises; (xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be; (xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 5 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners promoter/ owner may already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee allottee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit apartment released from any such mortgage and/or charge, if any, with intent that the Allotteeallottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit apartment free of from all such mortgages and charges created by the Promoter.promoter;
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the said Apartment;. If it is found then the Promoter at its own cost will contest the same and keep the Allottee fully indemnify.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments said Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees same being registration or the competent authority, Competent Authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of the proportionate share attributed the said Aparment thereof till the period mentioned in the intimation to the allottee to the said Apartment or Project, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAllottee;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Wakf property.
Appears in 5 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Promoter and/or Owners hereby represents and warrants to the Allottee as follows follows:
(ia) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; property and the Promoter has requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the project;Project.
(iib) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;.
(iiic) There are no encumbrances upon the said Land or Land, and/or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders,
d) 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 Owners may and the construction having already have created mortgage been made and/or charge on being made. The Promoter shall cause the said Premises and shall be at liberty bank(s)/financial institution(s), if necessary, to create further mortgages and/or charges issue no objection letter in respect favour of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Apartment and the Allottee hereby consents to Promoter further undertakes that the same Provided However that at Promoter shall cause the time of execution of 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 / transfer of the Apartment in terms hereof, favour of the Promoter assures to have Allottee and the said Unit released from any such mortgage and/or charge, if any, with intent that Allottee will get the Allottee, subject to his making payment title 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 from all such mortgages and charges created by the Promoterencumbrances.
(ive) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the Apartment;.
(vf) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Project Land and the Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and common areas;the Common Areas.
(vig) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;.
(viih) The promoter Promoter has not entered into any additional agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ixj) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment said Unit to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of the Allottees Allottee or the competent authority, as the case may be;, after the completion of the Project.
(xk) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;Apartment.
(xil) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the said Project has been issued and possession of Apartment said Unit or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees Allottee or the competent authority, as the case may be;.
(xiim) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Promoter and/or Owner hereby represents and warrants to the Allottee as follows follows:
(ia) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; property and the Promoter has requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the project;Project.
(iib) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;.
(iiic) There are no encumbrances upon the said Land or Land, and/or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders,
d) 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 Owners may and the construction having already have created mortgage been made and/or charge on being made. The Promoter shall cause the said Premises and shall be at liberty bank(s)/financial institution(s), if necessary, to create further mortgages and/or charges issue no objection letter in respect favor of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Apartment and the Allottee hereby consents to Promoter further undertakes that the same Provided However that at Promoter shall cause the time of execution of 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 / transfer of the Apartment in terms hereof, favor of the Promoter assures to have Allottee and the said Unit released from any such mortgage and/or charge, if any, with intent that Allottee will get the Allottee, subject to his making payment title 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 from all such mortgages and charges created by the Promoterencumbrances.
(ive) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the Apartment;.
(vf) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Project Land and the Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and common areas;the Common Areas.
(vig) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;.
(viih) The promoter Promoter has not entered into any additional agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ixj) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment said Unit to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of the Allottees Allottee or the competent authority, as the case may be;, after the completion of the Project.
(xk) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;Apartment.
(xil) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the said Project has been issued and possession of Apartment said Unit or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees Allottee or the competent authority, as the case may be;.
(xiim) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners promoter/ owner may already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee allottee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit apartment released from any such mortgage and/or charge, if any, with intent that the Allotteeallottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit apartment free of from all such mortgages and charges created by the Promoter.promoter;
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments said Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees same being registration or the competent authority, Competent Authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of the proportionate share attributed the said Aparment thereof till the period mentioned in the intimation to the allottee to the said Apartment or Project, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAllottee;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Lessee / Transferor and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows :
(i) The Land Owners have absolute, clear and marketable title Lessee / Transferor has leasehold interest with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land in the manner hereinbefore recited and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter and/or the Lessee / Land Owners Transferor may already have created mortgage and/or charge on the Project / said Premises Xxxxxxxx and shall be at liberty to create further mortgages and/or charges in respect of the Project / said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Lessee / Transferor and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Lessee / Transferor / 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Lessee / Transferor / Promoter have not entered into any agreement for sale transfer and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of the Allottee under this Agreement;
(viii) The Lessee / Transferor / Promoter confirms confirm that the Lessee / Transferor / Promoter is are not restricted in any manner whatsoever from selling transferring the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance transfer deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx Project 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 PremisesProject;
(xi) The Promoter / Land Owners Lessee / Transferor 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not a Waqf property.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Designated Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners promoter/ owner may already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee allottee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit designated apartment released from any such mortgage and/or charge, if any, with intent that the Allotteeallottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit Designated apartment free of from all such mortgages and charges created by the Promoter.promoter;
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the said Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments said Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees same being registration or the competent authority, Competent Authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of the proportionate share attributed the said Aparment thereof till the period mentioned in the intimation to the allottee to the said Apartment or Project, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAllottee;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; the Promoter thePromoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; HoweverProject;However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created becreated herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners and the Promoter have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Entire Land or the Project; However, for . For obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners 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 Entire Land or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartmentsaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land Entire Land, said Property and Apartment said Unit are valid and subsisting and have been obtained by following due process of law. FurtherFther, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Entire Land, said Property, Building and Apartments Units and common 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owners / Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of 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 Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment said Unit to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx Entire 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 PremisesEntire Land;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over said Unit is offered to the Allottee and the association of Allottees or the competent authority, as the case may be;in terms hereof.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyEntire Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Entire Land is not Debutter or Waqf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and/or Owners hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; property and the Promoter has requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the project;Project.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;.
(iii) There are no encumbrances upon the said Land or Land, and/or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders,
(iv) It is also made known to the Allottee that the Promoter / has taken or intends to take a loan from bank(s)/financial institution(s) against security of the Said Land Owners may and the construction having already have created mortgage been made and/or charge on being made. The Promoter shall cause the said Premises and shall be at liberty bank(s)/financial institution(s), if necessary, to create further mortgages and/or charges issue no objection letter in respect favour of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Apartment and the Allottee hereby consents to Promoter further undertake that the same Provided However that at Promoter shall cause the time of execution of said bank(s)/financial institution(s) release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance / transfer of the Apartment in terms hereof, favour of the Promoter assures to have Allottee and the said Unit released Allottee will get the title of the Apartment free 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 Promoterencumbrances.
(ivv) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the Apartment;.
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Project Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and common areas;the Common Areas.
(vivii) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;.
(viiviii) The promoter Promoter has not entered into any additional agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ixx) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of the Allottees or the competent authority, as the case may be;, after the completion of the Project.
(xxi) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;Apartment.
(xixii) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the said Project has been issued and possession of Apartment apartment or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may 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 property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 2 contracts
Samples: Partnership Agreement, Not Specified
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows follows:
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; Land and the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owner in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners promoter/ owner may already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee allottee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit apartment released from any such mortgage and/or charge, if any, with intent that the Allotteeallottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit apartment free of from all such mortgages and charges created by the Promoter.promoter;
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the said Apartment;. If it is found then the Promoter at its own cost will contest the same and keep the Allottee fully indemnify.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments said Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees same being registration or the competent authority, Competent Authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of the proportionate share attributed the said Aparment thereof till the period mentioned in the intimation to the allottee to the said Apartment or Project, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAllottee;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Wakf property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby respectively represents and warrants to the Allottee Allottee(s) as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter promoter has the requisite rights to carry out development upon the said Land and the owners have the absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and the title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Designated Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners promoter/ owner may already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee allottee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit designated apartment released from any such mortgage and/or charge, if any, with intent that the Allotteeallottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit Designated apartment free of from all such mortgages and charges created by the Promoterpromoter.
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the Designated Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments Designated Apartment and common areas;
(vi) The Promoter /the owner has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter/owner has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling the said Apartment Designated Apartment/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Designated Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees same being registration or the competent authority, Competent Authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand ;
(xi) The Promoter / Land Owners have Promoter/Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and proportionate share attributed to the Designated Apartment thereof till the period mentioned in the intimation to the allottee to take possession of the Designated Apartment or Project, as the case may be, along with, with use of common areas (equipped with all the specificationspecifications, amenities and facilities) has been which shall be handed over to the Association of Allottee and the association of Allottees or the competent authority, as the case may bewhen registered;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter thePromoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; HoweverProject;However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended Allotteeintended to be created becreated herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon The Promoter has made the said Land or Allotee aware that the Project; However, Promoter for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Apartment / 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 Apartment / Unit free of all such mortgages and charges created by the Promoter.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentApartment / Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment / Unit are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, the said Land, the Building and Apartments Units and common 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owners / Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment / Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners / Promoter confirms confirm that the Land Owners / Promoter is are not restricted in any manner whatsoever from selling the said Apartment / Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment / Unit to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of the Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over / Unit is offered to the Allottee and the association of Allottees or the competent authority, as the case may bein terms hereof;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Land Owner (as applicable) hereby represents represent and warrants warrant to the Allottee as follows :
(i) The Land Owners have represented and warranted that they have absolute, clear and marketable title with respect to the said LandLand of Phase-IIA; the Promoter has requisite rights to carry out development upon the said Land of Phase-IIA and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There The Land Owners represent and warrant that there are no encumbrances upon the said Land or the Projectof Phase-IIA; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises or any part thereof and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building Building/s and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Land Owner (as applicable) hereby represents represent and warrants warrant to the Allottee as follows :
(i) The Land Bigger Property Owners have absolute, clear and marketable title with respect to the said LandLand of Phase-II; the Promoter has requisite rights to carry out development upon the said Land of Phase-II and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Projectof Phase-II (specifically of Phase-IIB); However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises or any part thereof and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building Building/s and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may beAllottees;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of the Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over is offered to the Allottee and the association of Allottees or the competent authority, as the case may bein terms hereof;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows follows:
(ia) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land Said Premises and absolute, actual, physical and legal possession of the said Land Said Premises for the projectProject;
(iib) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iiic) There are no encumbrances upon the said Land Said Premises or the Project; . However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Said Premises or any part thereof, and the Allottee hereby consents to the same Provided However same. provided however that at the time of execution of the deed of conveyance / transfer in terms hereofConveyance Deed, the Promoter assures to have the said Unit Apartment released from any such mortgage and/or charge, if any, with intent that the Allottee, subject to his making payment of all the amounts payable hereunder or otherwise as per the Payment Plan annexed hereto and complying with his other obligations herein, will be acquiring title to the said Unit Apartment free of all such mortgages and charges created by the Promoter.
(ivd) There are no litigations pending before any Court of law or authority with respect to the said LandSaid Premises, Project or the Apartment;
(ve) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land Xxxx Xxxxxxxx and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said LandSaid Premises, Building and Apartments Unit and common areas;
(vif) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(viig) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement/ arrangement with any person or party with respect to the said Land, Said Premises including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiih) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ixi) At the time of execution of the conveyance deed the Promoter along with the Owner, if applicable, shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and along with the common areas Owner, handover the Common Areas to the Association of the Allottees or the competent authority, as the case may beAllottees;
(xj) The said Xxxxxxxx Said Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Said Premises;
(xik) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued obtained and possession of the Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed taken over to and/or the Allottee and Deemed Date of Possession of the association of Allottees or the competent authorityApartment, as the case may bewhichever is earlier;
(xiil) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Premises) has been received by or served upon the Promoter in respect of the said Land Said Premises and/or the Project.;
(m) That the Said Premises is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have absolute, clear Promoter and Owner has clean and marketable title with respect to of the said Land; the Premises. The Promoter has requisite rights to carry out development upon the said Land Premises and absolute, actual, physical and legal possession of the said Land Premises for the project;Project.
(ii) The Promoter and Owner has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;.
(iii) There are no encumbrances upon the said Land Premises or the Project; . However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created create mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed Deed of conveyance / 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said LandPremises, Project or the Apartment;Unit till the date of handing over the Project or the Unit.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land Premises and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said LandPremises, Building and Apartments Units and common areas;.
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;.
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said LandXxxxxxxx, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee under this Agreement;.
(viii) The Promoter Promoter/Owner confirms that the Promoter Promoter/ Owner is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;.
(ix) At the time of execution of the conveyance deed Conveyance Deed the Promoter Promoter/ Owner shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;.
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;.
(xi) The Promoter / Land Owners have and Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / occupancy/completion certificate has been issued and possession of Apartment Unit or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association Association of Allottees or the competent authority, as the case may be;.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land Premises and/or the Project.
(xiii) The property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land in the manner hereinbefore recited and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon The Promoter has made the Allottee aware that the loan has been obtained from X.X. Financial Credit Solution Limited by creating charge on the said Land or the Project; However, for Premises. For obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the project / said Premises premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Apartment / 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 Apartment / Unit free of all such mortgages and charges created by the Promoter. It is however specifically mentioned that the said Premises is presently subject to charge in favour of X.X. Financial Credit Solution Limited.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentApartment / Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment / Unit are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, the said Land, Building the Towers / Buildings and Apartments units and common areas;
(vi) The Promoter has Land Owners /Promoter 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owners / Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment / Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners / Promoter confirms confirm that the Land Owners / Promoter is are not restricted in any manner whatsoever from selling the said Apartment / Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment / Unit to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may bein terms hereof;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby represents represent and warrants to the Allottee as follows follows:
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; Land and the Promoter promoter has the requisite rights to carry out development upon the said Land and the Owners have the absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and the title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Unit and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land promoter/ Owners may have already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee hereby Allottee(s)hereby consents to the same Provided However that PROVIDED HOWEVER THAT at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Said Unit released from any such mortgage and/or charge, if any, with intent that the Allottee, subject to his his/her making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Said Unit free of from all such mortgages and charges created by the Promoterpromoter.
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the ApartmentSaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Apartment 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 laws in relation to the projectProject, said Landland, Building building and Apartments Said Unit and common areas;
(vi) The Promoter has /the 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 Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter has Promoter/Owners have not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Owners/Promoter confirms that the Owners/Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Unit/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees or the competent authority, as the case may besame being formed and registered;
(x) The said Xxxxxxxx Said Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand ;
(xi) The Promoter / Land 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 to the competent Authorities authorities till the occupancy / completion certificate has been issued and irrespective possession of Apartment or Project, as the case may be, apartment along with, with common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and Allottee(s)and the association Association of Allottees Allotee(s) (upon registration) or the competent authority, as the case may be;not.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Purchaser as follows follows:
(i) The Land Owners have Promoter has absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.;
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentFlat;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Apartment Flat are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;have
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be Purchaser created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Flat which will, in any manner, affect the rights of Allottee Purchaser under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Flat to the Allottee Purchaser in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Flat to the Allottee Purchaser and the common areas to the Association of the Allottees or the competent authority, as the case may bePurchasers;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said PremisesSchedule Property;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project;
(xiii) That the property is not Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and/or Owners hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; property and the Promoter has requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the project;Project.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;.
(iii) There are no encumbrances upon the said Land or Land, and/or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders,
(iv) It is also made known to the Allottee that the Promoter / Land Owners may already have created mortgage has taken or intends to take a loan from bank(s)/financialinstitution(s) againstsecurityoftheSaidLandandtheconstructionhavingalready been made and/or charge on being made. The Promoter shall cause the said Premises and shall be at liberty bank(s)/financial institution(s), if necessary, to create further mortgages and/or charges issue no objection letter in respect favour of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Apartment and the Allottee hereby consents to Promoter further undertake that the same Provided However that at Promoter shall cause the time of execution of said bank(s)/financial institution(s) release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance / transfer of the Apartment in terms hereof, favour of the Promoter assures to have Allottee and the said Unit released Allottee will get the title of the Apartment free 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 Promoterencumbrances.
(ivv) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the Apartment;.
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Project Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and common areas;the Common Areas.
(vivii) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;.
(viiviii) The promoter Promoter has not entered into any additional agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which willwhichwill, in any mannerinanymanner, affect the rights of Allottee under this underthis Agreement;.
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ixx) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of the Allottees or the competent authority, as the case may be;, after the completion of theProject.
(xxi) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;Apartment.
(xixii) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the said Project has been issued and possession of Apartment apartment or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;.
(xiixiii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinancegovernmentordinance, order, notification (including any notice for acquisition or requisition of the notification(includinganynoticeforacquisitionorrequisitionofthe said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 1 contract
Samples: Not Specified
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have (Promoter) has absolute, clear and marketable title with respect to the said Landland; the Promoter has requisite rights to carry out development upon the said Land land and absolute, actual, physical and legal possession of the said Land land for the project;Project, all the 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.
(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 and in existence today.
(iii) There are no encumbrances upon the said Land land or the Project; However, for obtaining except charge of competent authority created over the units in lieu of development permission obtained, it is further undertaken by the promoter that if any financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, is taken to complete the Promoter / Land Owners may already have created mortgage and/or charge on project against the said Premises and security of this project then the unit booked/sold to the allottee shall be at liberty to create further mortgages and/or charges in respect of get free or NOC shall be obtained from the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that financial institution at the time of execution executing conveyance deed or providing possession 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 Promoterunit.
(iv) There are no litigations pending before any Court of law or authority Authority with respect to the said Landland, Project or the ApartmentUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all timestime, remain to be in compliance with all applicable laws law in relation to the projectProject, said Land, Building and Apartments Unit and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;.
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit, which will, will in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the Association association of the Allottees allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor Promoter has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and and/or possession of Apartment or Project, Unit as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and allottee or the association of Allottees allottees or the competent authority, as the case may bemaybe;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land land and/or the Project.;
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners and the Promoter have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; . However, 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 lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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 favour of State Bank of India.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Land, Building and Apartments and common 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owners / Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners / Promoter confirms that the Land Owners / Promoter is are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;Authorities
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows :
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon The Promoter has made the Allottee aware that the Promoter has obtained loan for construction of the Housing Complex from Bajaj Finance Housing Ltd by creating charge on the said Land or the Project; However, for Premises. For obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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 PromoterXxxxxxxx.Xx is however specifically mentioned that the said Project is presently subject to charge in favour of Bajaj Finance Housing Ltd.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Land Owners/Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended Allotteeintended to be created becreated herein, may prejudicially be affected;
(vii) The promoter Land Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners/Promoter confirms that the Land Owners/Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or (upon the same being registered)or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may bein terms of clause 7.2 and 7.3, along with, with common areas (equipped with all the specification, amenities and facilities) has been which shall be handed over to the Allottee and the association of Allottees when registered or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Promoter and the Owners have absolute, clear and marketable title with respect to the said Said Land; the Promoter has requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs save and other lenders, except as already disclosed before the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that RERA Authority 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.registration;
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the projectProject, said Land and as well as for the Said Apartment for residential 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 laws in relation to the projectProject, said Landas well as for the Said Apartment for residential usage and for Common Areas as provided under Rule 2(1)(f) of Rules, Building and Apartments and common areas2017;
(viv) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be Allottee(s) created herein, may prejudicially be affected;
(viivi) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Said Land, including the Project and the said Said Apartment for residential usage which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viiivii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Said Apartment for residential usage to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ixviii) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Said Apartment for residential usage along with parking to the Allottee and the common areas Allottee(s), Common Areas to the Association association of the Allottees allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017;
(xix) The said Xxxxxxxx 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 PremisesSaid Land;
(xix) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate offer of possession of Said Apartment has been issued and possession of Apartment or Projectissued, as the case may bebe and as per the provisions of the Haryana Development and Regulation of Urban Areas Act, along with1975, common areas (rules thereof, equipped with all the specificationspecifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and common areas as provided under Rule 2(1)(f) has been handed over to the Allottee and the association of Allottees or the competent authorityRules, as the case may be2017;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or and/ or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter promoter has the requisite rights to carry out development upon the said Land and the owners have the absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allotee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and the title of the Promoter/Owners in respect of the said Premises. The Allotee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Unit and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners may promoter/ owner has already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee Allotee hereby consents to the same Provided However that PROVIDED HOWEVER THAT at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Said Unit released from any such mortgage and/or charge, if any, with intent that the AllotteeAllotee, subject to his his/her making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Said Unit free of from all such mortgages and charges created by the Promoterpromoter.
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the ApartmentSaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Apartment Said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments Said Unit and common areas;
(vi) The Promoter /the owner has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allotee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter/owner has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee Allotee(s) under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Unit/Flat to the Allottee Allotee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit to the Allottee Allotee(s) and the common areas to the Association of Allotee(s) upon the Allottees or the competent authority, as the case may besame being formed and registered;
(x) The said Xxxxxxxx Said Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand ;
(xi) The Promoter / Land Owners have Promoter/Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and irrespective possession of Apartment or Project, as the case may be, apartment along with, with common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee Allotee and the association Association of Allottees Allotee(s) (upon registration) or the competent authority, as the case may be;not.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners promoter/ owner may already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee allottee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit apartment released from any such mortgage and/or charge, if any, with intent that the Allotteeallottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit apartment free of from all such mortgages and charges created by the Promoter.promoter;
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the said Apartment;. If it is found then the Promoter at its own cost will contest the same and keep the Allottee fully indemnify.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments said Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees same being registration or the competent authority, Competent Authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of the proportionate share attributed the said Xxxxxxxx thereof till the period mentioned in the intimation to the allottee to the said Apartment or Project, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAllottee;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Wakf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1 The Promoter and/or Owners hereby represents and warrants to the Allottee as follows follows:
(ia) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; property and the Promoter has requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the project;Project.
(iib) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;.
(iiic) There are no encumbrances upon the said Land or Land, and/or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders,
d) 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 Owners may and the construction having already have created mortgage been made and/or charge on being made. The Promoter shall cause the said Premises and shall be at liberty bank(s)/financial institution(s), if necessary, to create further mortgages and/or charges issue no objection letter in respect favour of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Apartment and the Allottee hereby consents to Promoter further undertake that the same Provided However that at Promoter shall cause the time of execution of said bank(s)/financial institution(s) release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance / transfer of the Apartment in terms hereof, favour of the Promoter assures to have Allottee and the said Unit released Allottee will get the title of the Apartment free 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 Promoterencumbrances.
(ive) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the Apartment;.
(vf) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Project Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and common areas;the Common Areas.
(vig) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;.
(viih) The promoter Promoter has not entered into any additional agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ixj) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of the Allottees allottees or the competent authority, as the case may be;, after the completion of the Project.
(xk) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;Apartment.
(xil) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the said Project has been issued and possession of Apartment apartment or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees allottees or the competent authority, as the case may be;.
(xiim) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 1 contract
Samples: Construction Contract
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; the Promoter thePromoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; HoweverProject;However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created becreated herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owners and Promoter hereby respectively represents and warrants to the Allottee as follows follows:
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and the Owners have absolute, actual, physical and legal possession of the said Land for with license to the projectPromoter to carry out the Project thereon;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the Designated Apartment and appertaining share in said Land or in the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, Project except the Promoter / Land Owners may already have created mortgage has got a facility sanctioned by for providing loan to the Promoter for construction of the Project (hereinafter referred to as the “Financial Arrangement” which expression shall include any addition variation or modification of the loan so sanctioned and/or charge on paid by the said Premises and shall be at liberty Company or any other bank or financial institution to create further mortgages and/or charges in respect of the Promoter) by mortgaging the said Premises or any part thereof, Land and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such 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.construction;
(iv) There are no litigations pending before any Court of or law or authority Authority with respect to the said Land, Project or the Designated Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owners/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Land, Building and Apartments Designated Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter has Owners/Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Owners/Promoter confirms that the Owners/Promoter is are not restricted in any manner whatsoever from selling the said Designated Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed deed, the Promoter shall handover hand over lawful, vacant, peaceful, physical possession 10possession of the Designated Apartment to the Allottee and the common areas to the Association association of Allottees upon the Allottees same being registered or the competent authority, authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said PremisesSchedule Property;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and proportionate share (attributable to the Designated Apartment) thereof till the period mentioned in the intimation to the allottee to take possession of Apartment or Project, as the case may be, designated apartment along with, with use of common areas (equipped with all the specificationspecifications, amenities and facilities) has been which shall be handed over to the Allottee and the association of Allottees when registered or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyLand) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject Save the said Litigations; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentApartment save the said Litigation;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) follows: The Land Owners have Promoter has absolute, clear and marketable title with respect to the said Said Land; the Promoter has requisite rights to carry out development upon of the said Land Project and absolute, actual, physical and legal possession of the said Said Land for the project;
(ii) Project; The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon ; Save and except for the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, declarations made by the Promoter / Land Owners may already have created mortgage and/or charge on before the said Premises and shall be at liberty Authority with regard to create further mortgages and/or charges in respect of the said Premises litigation, no other legal proceeding or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such 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.
(iv) There are no litigations litigation is pending before any Court court of law or authority with respect to the said Said Land, Project or the Apartment;
(v) . It is further represented that the litigations so disclosed, pertain to part of EWS Land and no part of the main residential building and amenities of the Project falls under the area of the land under litigation. Accordingly, the Promoter is fully entitled and empowered to create the right of the Allottee in the Apartment under this Agreement. All approvals, licenses licenses, sanctions and permits permission issued by the competent authorities with respect to the projectProject, said Land and as well as for the Apartment being sold to the Allottee are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landas well as for the Apartment and for Common Areas as provided under Rule 2(1)(f) of Rules, Building and Apartments and common areas;
(vi) 2017; The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) ; The promoter Promoter has not entered into any agreement for sale and/or and / or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) ; The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) ; At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment for residential usage along with Parking (if applicable) to the Allottee and the common areas Allottee, Common Areas to the Association association of the Allottees allottees or the competent authority, as the case may be;
(x, as provided under Rule 2(1)(f) of Rules, 2017; The said Xxxxxxxx Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and / or no minor has any right, title and claim over the said Premises;
(xi) Said Land; The Promoter / Land Owners have has duly 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 occupancy / completion certificate offer of possession of Apartment has been issued as per the provisions of the Haryana Development and possession Regulation of Apartment or ProjectUrban Areas Act, as the case may be1975, along withrules thereof, common areas (equipped with all the specificationspecifications, amenities amenities, facilities as per the agreed terms and facilitiesconditions and Common Areas as provided under Rule 2(1)(f) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) Rules; No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (( including any notice for acquisition or requisition of the said propertySaid Land ) has been received by or served upon the Promoter in respect of the said Said Land and/or and or the Project, save and except as already disclosed before the RERA Authority at the time of registration.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have Promoter has absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances is an encumbrance upon the said Land or the Project; Project of Tata Capital Housing Finance Limited. However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Apartment / 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 Apartment / Unit free of all such mortgages and charges created by the Promoter.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentApartment / Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment / Unit are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, the said Land, Building and Apartments units and common 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owners / Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment / Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners / Promoter confirms confirm that the Land Owners / Promoter is are not restricted in any manner whatsoever from selling the said Apartment / Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment / Unit to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of the Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over / Unit is offered to the Allottee and the association of Allottees or the competent authority, as the case may bein terms hereof;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not a Waqf property.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon The Promoter has made the said Land or Allotee aware that the Project; However, Promoter for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Apartment / 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 Apartment / Unit free of all such mortgages and charges created by the Promoter.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentApartment / Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment / Unit are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, the said Land, the Building and Apartments Units and common 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owners / Promoter have not entered into any Deed of Conveyance or anyother agreement for sale and/or development agreement or any other agreement// arrangement with any person or party with respect to the said Land, including the Project and the said Apartment / Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners / Promoter confirms confirm that the Land Owners / Promoter is are not restricted in any manner whatsoever from selling the said Apartment / Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment / Unit to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of the Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over / Unit is offered to the Allottee and the association of Allottees or the competent authority, as the case may bein terms hereof;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Deed of Conveyance
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have Promoter has absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances is an encumbrance upon the said Land or the Project; Project of Aditya Birla Housing Finance Limited. However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Conveyance/Sale Deed
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners Promoter have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject Save the said Litigations; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentApartment Save the said Litigations;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building Buildings and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners Promoter have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; Project However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There here are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building Buildings and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows :
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; HoweverProject;However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Land Owners/Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended Allotteeintended to be created becreated herein, may prejudicially be affected;
(vii) The promoter Land Owners/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners/Promoter confirms that the Land Owners/Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees Allotteesupon the same being registered or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may bein terms of clause 7.2 and 7.3, along with, with common areas (equipped with all the specification, amenities and facilities) has been which shall be handed over to the Allottee and the association of Allottees when registered or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby represents represent and warrants to the Allottee as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter promoter has the requisite rights to carry out development upon the said Land and the owners have the absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and the title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Unit and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners may promoter/ owner has already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee hereby Allottee(s)hereby consents to the same Provided However that PROVIDED HOWEVER THAT at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Said Unit released from any such mortgage and/or charge, if any, with intent that the Allottee, subject to his his/her making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Said Unit free of from all such mortgages and charges created by the Promoterpromoter.
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the ApartmentSaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Apartment Said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments Said Unit and common areas;
(vi) The Promoter /the owner has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter/owner has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Said Unit which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Unit/Flat to the Allottee Allottee(s) in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Unit to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees or the competent authority, as the case may besame being formed and registered;
(x) The said Xxxxxxxx Said Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand ;
(xi) The Promoter / Land Owners have Promoter/Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and irrespective possession of Apartment or Project, as the case may be, apartment along with, with common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and Allottee(s)and the association Association of Allottees Allotee(s) (upon registration) or the competent authority, as the case may be;not.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have (Promoter) has absolute, clear and marketable title with respect to the said Landland; the Promoter has requisite rights to carry out development upon the said Land land and absolute, actual, physical and legal possession of the said Land land for the project;Project, all the document in regards to the ownership has been shown and provided to the allottee for his/her satisfaction and for carrying out all due diligencefor ensuring valid title of promoter over the land, promoter here by further request to the allottee to carry out search of the project land with the help of professional person for ensuring that the promoter is having valid and legal title over the project land, if his professional provide search report where in if such professional found that the title of promoter is defective then allottee should bring this fact and provide copy of such search report immediately in the notice of the promoter and get refund of entire amount paid by him without any deduction plus Rs. 5000/- (Rupees Five Thousand only) or the actual amount paid to the professional for preparing the search report whichever is lower.
(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 u 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 and in existence today.
(iii) There are no encumbrances upon the said Land land or the Project; However, for obtaining except charge of competent authority created over the units in lieu of development permission obtained, it is further undertaken by the promoter that if any financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, is taken to complete the Promoter / Land Owners may already have created mortgage and/or charge on project against the said Premises and security of this project then the unit booked/sold to the allottee shall be at liberty to create further mortgages and/or charges in respect of get free or NOC shall be obtained from the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that financial institution at the time of execution executing conveyance deed or providing possession 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 Promoterunit.
(iv) There are no litigations pending before any Court of law or authority Authority with respect to the said Landland, Project or the ApartmentUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land land and Apartment Unit are valid and subsisting and have been obtained by following obtainedbyfollowing due process of law, that in case of expiry of any permission, the promoter will get it renew. Further, the Promoter has been and shall, at all timestime, remain to be in compliance with all applicable laws law in relation to the projectProject, said Land, Building and Apartments and Unitand common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;.
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit, which will, will in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner anymanner whatsoever from selling the said Apartment to Unitto the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the Association association of the Allottees allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor Promoter has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and and/or possession of Apartment or Project, Unit as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and allottee or the association of Allottees allottees or the competent authority, as the case may be;
(xiixi) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land land and/or the Project;
(xii) The promoter hereby make it clear to the allottee/allottee’s that the project is not having i.e. promoter is not providing any club facilities, Swimming Pool, Community hall, Temple, Power Backup, DG Set in the project and promoter has not received any amount on this account from the allottee.
(xiii) That promoter want to clarify that only those facilities will be provided in the project for which commitment is made in writing specifically and no indirect inference shall be drawn from any picture in brochure or advertisement. That promoter will make its every best effort that no such picture will be use in the brochure or advertisement by the designer. However if any picture remain in the brochure or advertisement which indicate presence or providing of any facility in the project but for which no written statement is made in the brochure or advertisement then the allottee must obtain written confirmation from the promoter about those amenities and facilities in the unit and/or project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owners and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows :
(i) The Land Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the ProjectProject Save the said Litigation; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;said Unit
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Land Owners and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments Units and common areas;
(vi) The Land Owners and the Promoter has have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owners and the Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owners and the Promoter confirms confirm that the Land Owners and the Promoter is are not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment said Unit in bare shell condition to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;Allottees.
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over Unit is offered to the Allottee and the association of Allottees or the competent authority, as the case may be;in terms hereof.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Land Owner and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners Owner may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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 favour of Piramal Capital and Housing Finance Ltd.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Land Owner and the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments units and common areas;
(vi) The Land Owner / 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has Land Owner / Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Land Owner / Promoter confirms confirm that the Land Owner / Promoter is are not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners Owner 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may bein terms hereof;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Owner hereby represents and warrants to the Allottee Allottees as follows :
(i) follows: The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) Project; The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon ; The Owner/ Promoter shall be entitled to take loans and/or financial assistance for the said Land or purpose of implementation and execution of the Project; . For obtaining such loans and/or financial assistance from Banks/Financial Institutions/Housing Finance Companies or Corporate Bodies, the Owner/ Promoter shall be entitled to create a charge and/or mortgage in respect of the Premises in favour of the Banks/Financial Institutions/Housing Finance Companies or Corporate Bodies granting such loans. However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, on or before the Promoter / Land Owners may already have created mortgage and/or charge on execution of the said Premises and shall be at liberty to create further mortgages and/or charges ‘Deed of Conveyance’ in respect of the said Premises Flat Unit, a release/no objection/ clearance shall be obtained from the concerned Banks/Financial Institutions/Housing Finance Companies or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution Corporate Bodies regarding transfer 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.
(iv) Flat Unit. There are no litigations pending before any Court of law or authority Authority with respect to the said Land, Project or the Apartment;
(v) ; All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the projectProject, said Land, Building and Apartments Apartment and common areas;
(vi) Common Areas; The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, thing whereby the right, title and interest of the Allottee intended to be Allottees created herein, may prejudicially be affected;
(vii) ; The promoter Owner/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottees under this Agreement;
(viii) ; The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling transferring the said ownership rights of the Apartment to the Allottee Allottees in the manner contemplated in this Agreement;
(ix) ; At the time of execution of the deed of conveyance deed the Promoter shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee Allottees and the common areas Common Areas to the Association of the Allottees or the competent authority, as the case may be;
(x) ; The said Xxxxxxxx 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 Premises;
(xi) Land; The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas with Common Areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee Allottees and the association of Allottees Association or the competent authority, as the case may be;
(xii) ; and No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Owner/Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Promoter and/or Owners hereby represents and warrants to the Allottee as follows follows:
(ia) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; property and the Promoter has requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the project;Project.
(iib) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;.
(iiic) There are no encumbrances upon the said Land or Land, and/or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders,
d) 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 Owners may and the construction having already have created mortgage been made and/or charge on being made. The Promoter shall cause the said Premises and shall be at liberty bank(s)/financial institution(s), if necessary, to create further mortgages and/or charges issue no objection letter in respect favor of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Apartment and the Allottee hereby consents to Promoter further undertakes that the same Provided However that at Promoter shall cause the time of execution of 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 / transfer of the Apartment in terms hereof, favor of the Promoter assures to have Allottee and the said Unit released from any such mortgage and/or charge, if any, with intent that Allottee will get the Allottee, subject to his making payment title 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 from all such mortgages and charges created by the Promoterencumbrances.
(ive) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the Apartment;.
(vf) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Project Land and the Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and common areas;the Common Areas.
(vig) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;.
(viih) The promoter Promoter has not entered into any additional agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ixj) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment said Unit to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of the Allottees Allottee or the competent authority, as the case may be;, after the completion of the Project.
(xk) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;Apartment.
(xil) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the said Project has been issued and possession of Apartment said Unit or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees Allottee or the competent authority, as the case may be;.
(xiim) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 1 contract
Samples: Partnership Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1 The Promoter and/or Owners hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; property and the Promoter has requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the project;Project.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase of the Project;.
(iii) There are no encumbrances upon the said Land or Land, and/or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders,
(iv) It is also made known to the Allottee that the Promoter / has taken or intends to take a loan from bank(s)/financial institution(s) against security of the Said Land Owners may and the construction having already have created mortgage been made and/or charge on being made. The Promoter shall cause the said Premises and shall be at liberty bank(s)/financial institution(s), if necessary, to create further mortgages and/or charges issue no objection letter in respect favour of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Apartment and the Allottee hereby consents to Promoter further undertake that the same Provided However that at Promoter shall cause the time of execution of said bank(s)/financial institution(s) release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance / transfer of the Apartment in terms hereof, favour of the Promoter assures to have Allottee and the said Unit released Allottee will get the title of the Apartment free 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 Promoterencumbrances.
(ivv) There are no litigations pending before any Court court of law or authority with respect to the said Land, /Project or the Apartment;.
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Project Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and common areas;the Common Areas.
(vivii) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;.
(viiviii) The promoter Promoter has not entered into any additional agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said LandProperty/Apartment, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;.
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;.
(ixx) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment said Unit to the Allottee and the common areas Common Areas, Amenities and Facilities of the Project to the Association of the Allottees Allottee or the competent authority, as the case may be;, after the completion of the Project.
(xxi) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;Apartment.
(xixii) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the said Project has been issued and possession of Apartment apartment or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees Allottee or the competent authority, as the case may 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 property) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter the Sub-Lessor (as applicable) hereby represents and warrants to the Allottee as follows :
(i) The Land Owners have absolute, Sub-Lessor represents that the Sub-Lessor has clear and marketable title leasehold interest with respect to the said Land; the Sub-Lessor and Promoter represent that the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners Sub-Lessor may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance sub-lease / 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 interest the said Unit free of all such mortgages and charges created by the Promoter.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the ApartmentUnit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments Units and common areas;
(vi) The Promoter has and the Sub-Lessor have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title rights and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale assignment and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling sub- leasing the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance sub-lease deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Unit to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Premises is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title right and claim over the said Premises;
(xi) The Promoter / Land Owners have Sub-Lessor has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of Apartment Unit or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sub Lease Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and the Lessee hereby represents and warrants to the Allottee Allottees as follows follows:
(i) The Land Owners have Lessee has absolute, clear and marketable leasehold title with respect to the said Demised Land; the Promoter has requisite rights to carry out development upon the said Demised Land and absolute, actual, physical and legal possession of the said Demised Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Demised Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge Project as on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.Effective Date;
(iv) There are no litigations pending before any Court of law or authority Authority with respect to the said Demised Land, Project or the Apartment;
(v) All Save and except the formal permission of WBHIDCO under the Lease Deed for assignment of the undivided leasehold interest in the Demised Land and the Apartment (which will be obtained prior to handing over the Apartment to the Allottees), all approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, times remain to be in compliance with all applicable laws Applicable Laws in relation to the projectProject, said Land, Building and Apartments Apartment and common areasCommon Areas;
(vi) The Lessee/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 intended to be Allottees created herein, may prejudicially be affected;
(vii) The promoter Lessee/Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Demised Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee Allottees under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling assigning the said leasehold rights of the Apartment to the Allottee Allottees in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed of assignment the Promoter shall handover hand over lawful, vacant, vacant peaceful, physical possession of the Apartment to the Allottee Allottees and the common areas Common Areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx Demised 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 PremisesDemised Land;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas with Common Areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee Allottees and the association of Allottees Association or the competent authority, as the case may be;; and
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Lessee/Promoter in respect of the said Demised Land and/or the Project.
Appears in 1 contract
Samples: Assignment Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have absolute, clear Promoter is entitled to and marketable title with respect presently has right to purchase the said LandLand as hereinbefore recited; the Promoter has requisite rights to carry out development upon the said Land in the manner hereinbefore recited and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the Project / said Premises and shall be at liberty to create further mortgages and/or charges in respect of the Project / said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Unit released from any such mortgage and/or charge, if any, with intent that intentthat 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 favour of Piramal Capital & Housing Finance Ltd.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartmentsaid Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment said Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter thePromoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale transfer and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner anymanner whatsoever from selling transferring the said Apartment Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or (upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx Project 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 PremisesProject;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAuthorities;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not a Waqf property.
Appears in 1 contract
Samples: Not Specified
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 10.1 The Promoter hereby represents and warrants to the Allottee as follows :follows:-
(i) i. The Land Owners have Promoter has absolute, clear and marketable title with respect to the said Said Land; the ;
ii. The Promoter has requisite rights to carry out development upon the said Said Land and absolute, actual, physical and legal possession of the said Said Land for the projectProject;
(ii) iii. The Promoter has lawful rights and requisite approvals from the competent authorities Competent Authority to carry out the development of the Project;
(iii) iv. There are no encumbrances upon Encumbrances on the said Said Land or the Project; Project except as expressly disclosed in the Form A Declaration uploaded in the website of the Competent Authority: However, for obtaining financial assistance and/or loans from Banksbanks, Financial Institutionsfinancial institutions, NBFCs non banking financial companies and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges Encumbrances in respect of the said Premises Said Land or any part thereof, and the Allottee hereby consents to the same Provided However provided however that at the time of execution of the deed of conveyance / transfer in terms hereof, the Promoter assures to have the said Apartment/Unit released from any such mortgage and/or chargeEncumbrances, 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 shall be acquiring title to the said Apartment/Unit free of all such mortgages and charges created by the Promoter.
(iv) v. There are no litigations pending before any Court court of law or authority Authority with respect to the said Said Land, Project or the Apartment/Unit;
(v) vi. All approvals, licenses and permits issued by the competent authorities Competent Authorities with respect to the projectProject, said Said Land and Apartment Apartment/Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws Applicable Laws in relation to the projectProject, said Said Land, Building and Apartments Apartment/Unit and common areasCommon Areas;
(vi) vii. 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 intended to be created hereintherein, may prejudicially be affected;
(vii) viii. The promoter Promoter has not entered into any agreement for sale and/or development agreement Development Agreement or any other agreement/arrangement with any person Person or party with respect to the said Land, Said Land including the Project and the said Apartment Apartment/Unit which will, will in any manner, manner affect the rights of the Allottee under this Agreement;
(viii) ix. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Unit to the Allottee in the manner contemplated in this Agreement;
(ix) x. At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Apartment/Unit to the Allottee and the common areas Common Areas to the Association of the Allottees or the competent authorityCompetent Authority, as the case may be;
(x) xi. The said Xxxxxxxx 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 PremisesSaid Land;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) . No notice from the Government or any other local body or authority Authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Said Land and/or the Project.
Appears in 1 contract
Samples: Agreement for Sale
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter and/ or Owners hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have Owner has absolute, clear and marketable title with respect to the said Land; Project Land and the Phase 1 Land and the Promoter has the requisite rights to carry out development upon the said Project Land and Phase 1 Land and has absolute, actual, physical and legal possession of the said Project Land and the Phase 1 Land for the projectsaid Phase 1 of the Project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the said Phase 1 of the Project;
(iii) There are no encumbrances upon the Phase 1 Land, save and except that the Phase 1 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 Phase 1 on the Phase 1 Land. The Promoter shall cause the said Land 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; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs purchase of the Apartment and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on further undertake that the Promoter shall cause the said Premises and shall be at liberty bank(s)/ financial institution(s) to create further mortgages and/or charges in respect of release the said Premises Apartment from the mortgage created by the Promoter on or any part thereof, and before the Allottee hereby consents to the same Provided However that at the time of execution of Promoter executing the deed of conveyance / transfer of the Apartment in terms hereof, favour of the Promoter assures to have Allottee and the said Unit released Allottee will get the title of the Apartment free 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.encumbrances;
(iv) There are no litigations pending before any Court court of law or authority with respect to the said Land, Phase 1 Land/ Project Land or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectsaid Phase 1 of the Project, said Project Land, Phase 1 Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building Phase 1, Phase 1 Land, buildings and Apartments apartment and common areasthe Common Areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or and/ or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Phase Land, including the Project said Phase 1 and the said Apartment which will, in any manner, affect the rights of the Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common 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 Association of the Allottees allottees or the competent authority, as the case may be;, after the completion of the Project.
(x) The said Xxxxxxxx Apartment is not the subject 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 said PremisesApartment;
(xi) The Promoter / Land Owners have has duly 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 Phase 1 to the competent Authorities authorities till the occupancy / completion certificate of the Phase 1 has been issued and possession of Apartment apartment or Projectbuilding, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Subject to what is stated in this Agreement and all its Schedules and Annexures, the Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have absolute, Promoter has a clear and marketable title with respect to and has the said Land; the Promoter has requisite rights to carry out the development upon the said Land Property and absolute, also has actual, physical and legal possession of the said Land Property for the projectimplementation of the Project;
(ii) The Promoter has the lawful rights and the requisite approvals from the competent authorities Competent Authorities to carry out the development of the Real Estate Project and shall obtain the requisite approvals from time to time to complete the development of the Real Estate Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said LandReal Estate Project, Project or save and except those disclosed to the ApartmentAllottee;
(viv) All the approvals, licenses and permits issued by the competent authorities Competent Authorities with respect to the projectReal Estate Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Competent Authorities with respect to the Real Estate Project shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building Real Estate Project and Apartments and the 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiivi) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Premises to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xiivii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProperty) has been received by or served upon the Promoter in respect of the said Land Property and/or the Project, save and except those disclosed to the Allottee.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Sub-Lessor and the Promoter hereby represents respectively represent and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have Sub-Lessor has absolute, clear and marketable title leasehold interest with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners Sub-Less or may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the deed of conveyance sub-lease / transfer in terms hereof, the Promoter assures to have the said Apartment / 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 interest in the said Apartment / Unit free of all such mortgages and charges created by the Promoter.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartmentsaid Apartment / Unit;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and said Apartment / Unit are valid and subsisting and have been obtained by following due process of law. Further, the Sub-Lessorand the Promoter has have been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, the said Land, the Tower / Building and Apartments and Unitsand common areas;
(vi) The Promoter has Sub-Lessor /Promoter have the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title rights and interest of the Allottee intended Allotteeintended to be created herein, may prejudicially be affected;
(vii) The promoter has Sub-Lessor/ Promoter have not entered into any agreement for sale assignment / transfer and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment / Unit which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Sub-Lessor/Promoter confirms confirm that the Sub-Lessor / Promoter is are not restricted in any manner whatsoever from selling sub-leasing the said Apartment / Unit to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance sub-lease deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the said Apartment / Unit to the Allottee and the common areas to the Association of the Allottees or Allottees(upon the competent authority, as the case may besame being registered);
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title interest and claim over the said Premises;
(xi) The Promoter / Land Owners have Sub-Lessorhave duly paid and shall continue to pay and discharge all governmental dues, rates, 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 Authoritiestill the occupancy / completion certificate has been issued and possession of the said Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over / Unit is offered to the Allottee and the association of Allottees or the competent authority, as the case may beAllotteein terms hereof;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the said Property is not Waqf property.
Appears in 1 contract
Samples: Sub Lease Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have Promoter has absolute, clear and marketable title with respect to the said Land; Project Land and also has the Promoter has requisite rights to carry out development upon the said Project Land and has absolute, actual, physical and legal possession of the said Land for the projectProject Land;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Project Land, and/or the Project Save and Except that the Project Land or has been mortgaged by the Project; HoweverPromoter in favour of Magma Housing Finance Limited, for obtaining financial assistance and/or securing loans from Banks, Financial Institutions, NBFCs and other lenders, availed/to be availed of by the Promoter / Land Owners may already have created mortgage and/or charge for the purpose of development of the Project on the Project Land.
(iv) The Promoter shall cause the said Premises and shall be at liberty Magma Housing Finance Limited, if necessary, to create further mortgages and/or charges issue no objection letter in respect favour of the said Premises Allottee to enable the Allottee to take loan from any bank or any part thereof, financial institution for financing the purchase of the Said Bungalow and the Allottee hereby consents Promoter further undertakes that the Promoter shall cause the said Magma Housing Finance Limited to release the same Provided However that at Said Bungalow from the time of execution of mortgage created by the Promoter on or before the Promoter executing the deed of conveyance / transfer of the Said Bungalow in terms hereof, favour of the Promoter assures to have Allottee and the said Unit released Allottee will get the title of the Said Bungalow free 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.encumbrances;
(ivv) There are no litigations pending before any Court court of law or authority with respect to the said Project Land, /Project or the ApartmentSaid Bungalow;
(vvi) All approvals, licenses and permits issued by the competent authorities with respect to of the projectProject, said Project Land and Apartment Said Bungalow are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Project Land, Building buildings and Apartments apartment and the common areas;
(vivii) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may be prejudicially be affected;
(viiviii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Project Land, including the Project and the said Apartment Said Bungalow which will, in any manner, affect the rights of the Allottee under this Agreement;
(viiiix) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Said Bungalow to the Allottee in the manner contemplated in this Agreement;
(ixx) At the time of execution of the conveyance deed Conveyance Deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment Said Bungalow to the Allottee and the common areas Project Common Areas, Amenities and Facilities to the Association of the Allottees allottees or the competent authority, as the case may be;, after the completion of the Project.
(xxi) The said Xxxxxxxx Said Bungalow 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 PremisesBungalow;
(xixii) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Project to the competent Authorities authorities till the occupancy / completion certificate of the Project has been issued and possession of Apartment or ProjectBungalow, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees allottees or the competent authority, as the case may be;.
(xiixiii) No notice from the Government or any other local local, body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Land) has been received by or served upon the Promoter in respect of the said Land and/or the ProjectProject Land.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants warrant to the Allottee as follows follows:
(i) The Land Owners have absolute, clear and Promoter has marketable title with respect to the said Land; the Promoter . and also has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the projectProject;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities Corporation with respect to the projectProject, said Land and the said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Land, Building and Apartments the said Apartment and common areasCommon Areas;
(viiv) The Promoter has the right to enter into this Agreement and has have not committed or omitted to perform any act or thing, thing whereby the right, title and interest right of the Allottee intended to be created herein, may prejudicially be affected;.
(viiv) The promoter has Promoter have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, Land including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiivi) The Promoter confirms confirm that the Promoter is are not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ixvii) At the time of execution of the conveyance deed the Promoter shall handover hand over lawful, vacant, peaceful, physical possession of the said Apartment to the Allottee and the common areas to the Association association of the Allottees or the competent authority, as the case may beAllottees;
(xviii) The said Xxxxxxxx Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said PremisesApartment;
(xiix) The Promoter / 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 Premises to the competent Authorities Corporation till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beOccupancy/Completion Certificate is issued;
(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 propertyApartment) has been received by or served upon the Promoter Vendors in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Owner and Promoter hereby represents respectively represent and warrants to the Allottee Allotee(s) as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter promoter has the requisite rights to carry out development upon the said Land and the owners have the absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allotee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and the title of the Promoter/Owners in respect of the said Premises. The Allotee(s) shall not be entitled to and agree not to raise any objection and/or make any requisition with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Designated Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners may promoter/ owner has already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee Allotee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit designated apartment released from any such mortgage and/or charge, if any, with intent that the AllotteeAllotee, subject to his his/her making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit Designated apartment free of from all such mortgages and charges created by the Promoterpromoter.
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the Designated Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and Designated Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments Designated Apartment and common areas;
(vi) The Promoter /the owner has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allotee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter/owner has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Designated Apartment which will, in any manner, affect the rights of Allottee Allotee(s) under this Agreement;
(viii) The Owner/Promoter confirms that the Owner/Promoter is not restricted in any manner whatsoever from selling the said Apartment Designated Apartment/Flat to the Allottee Allotee(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 Designated Apartment to the Allottee Allotee(s) and the common areas to the Association of Allotee(s) upon the Allottees or the competent authority, as the case may besame being formed and registered;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand ;
(xi) The Promoter / Land Owners have Promoter/Owner has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and irrespective possession of Apartment or Project, as the case may be, apartment along with, with common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee Allotee and the association Association of Allottees Allotee(s) (upon registration) or the competent authority, as the case may be;not.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Partnership Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee Allottee(s) as follows follows:
(i) The Land Owners have has absolute, clear and marketable title with respect to the said Land; Land and the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for with license to the project;Promoter to develop the Project thereon. The Allottee(s) has taken inspection of all the title deeds, Record of Rights, other documents and plans and has made all necessary searches and is (are) fully satisfied about the plan and title of the Promoter/Owners in respect of the said Premises. The Allottee(s) shall not be entitled to and agree not to raise any objection and/or make any query with regard thereto.
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or Said Apartment and appertaining share in the Project; HoweverLand, however for obtaining financial assistance and/or loans from Banksbank financial institutions, Financial Institutions, NBFCs NBFC’s and other lenders, the Promoter / Land Owners promoter/ owner may already have created mortgage and/or charge on the said Premises land and shall be at liberty to create further mortgages and/or charges in respect of the said Premises land or any part thereof, and the Allottee allottee hereby consents to the same Provided However that at the time of the execution of the deed of conveyance / conveyance/ transfer in terms hereof, the Promoter promoter assures to have the said Unit apartment released from any such mortgage and/or charge, if any, with intent that the Allotteeallottee, subject to his making payment of all the amounts payable hereunder or otherwise and complying with his other obligations obligation herein, will be acquiring title to the said Unit apartment free of from all such mortgages and charges created by the Promoter.promoter;
(iv) There are no litigations effecting title of the said land pending before any Court of law or authority Authority with respect to the said Land, Project or the said Apartment;. If it is found then the Promoter at its own cost will contest the same and keep the Allottee fully indemnify.
(v) All approvals, licenses and permits issued by the competent authorities with respect to the projectProject, said Land and said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Owner/Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the projectProject, said Landland, Building building and Apartments said Apartment and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee Allottee(s) intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Apartment/Flat which will, in any manner, affect the rights of Allottee under Allottee(s)under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Apartment/Flat to the Allottee 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 said Apartment to the Allottee Allottee(s) and the common areas to the Association of Allottee(s) upon the Allottees same being registration or the competent authority, Competent Authority as the case may be;
(x) The said Xxxxxxxx Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the said PremisesLand;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, 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 occupancy / completion certificate has been issued and possession of the proportionate share attributed the said Aparment thereof till the period mentioned in the intimation to the allottee to the said Apartment or Project, as the case may be, along with, with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may beAllottee;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
(xiii) That the property is not Wakf property.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Vendors/Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Land Owners have has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 9.1 The Promoter hereby represents and warrants to the Allottee as follows :
(i) The Land Owners Owner have absolute, clear and marketable title with respect to the said Land; the Promoter has requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the project;
(ii) The Promoter has lawful rights and requisite approvals from the competent authorities to carry out development of the Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners Owner may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said Land, Project or the Apartment;
(v) All approvals, licenses and permits issued by the competent authorities with respect to the project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building and Apartments and common areas;
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee intended to be created herein, may prejudicially be affected;
(vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement;
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / Promoter/Land Owners Owner 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xi) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of 5 (five) years by the Allottee from the date of handing over possession or the date of issue the completion / occupancy certificate, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. It is expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect, alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in the para immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof.
(xii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.
Appears in 1 contract
Samples: Sale Agreement
REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Subject to what is stated in this Agreement and all its Schedules and Annexures, the Promoter hereby represents and warrants to the Allottee as follows follows:
(i) The Land Owners have absolute, Promoter has a clear and marketable title with respect to and has the said Land; the Promoter has requisite rights to carry out the development upon the said Land Property and absolute, also has actual, physical and legal possession of the said Land Property for the projectimplementation of the Project;
(ii) The Promoter has the lawful rights and the requisite approvals from the competent authorities Competent Authorities to carry out the development of the Real Estate Project and shall obtain the requisite approvals from time to time to complete the development of the Real Estate Project;
(iii) There are no encumbrances upon the said Land or the Project; However, for obtaining financial assistance and/or loans from Banks, Financial Institutions, NBFCs and other lenders, the Promoter / Land Owners may already have created mortgage and/or charge on the said Premises and shall be at liberty to create further mortgages and/or charges in respect of the said Premises or any part thereof, and the Allottee hereby consents to the same Provided However that at the time of execution of the 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.
(iv) There are no litigations pending before any Court of law or authority with respect to the said LandReal Estate Project, Project or save and except those disclosed to the ApartmentAllottee;
(viv) All the approvals, licenses and permits issued by the competent authorities Competent Authorities with respect to the projectReal Estate Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Competent Authorities with respect to the Real Estate Project shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the project, said Land, Building Real Estate Project and Apartments and the 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 intended to be created herein, may prejudicially be affected;
(vii) The promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement;
(viiivi) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Premises to the Allottee in the manner contemplated in this Agreement;in
(ix) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of the Allottees or the competent authority, as the case may be;
(x) The said Xxxxxxxx is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the said Premises;
(xi) The Promoter / 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 to the competent Authorities till the occupancy / completion certificate has been issued and possession of Apartment or Project, as the case may be, along with, common areas (equipped with all the specification, amenities and facilities) has been handed over to the Allottee and the association of Allottees or the competent authority, as the case may be;
(xiivii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProperty) has been received by or served upon the Promoter in respect of the said Land Property and/or the Project, save and except those disclosed to the Allottee.
Appears in 1 contract
Samples: Sale Agreement
