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

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 9 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 6 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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.Completion (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here hereby represents and warrants to the Allottee as follows: (i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Owners and Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Owners and 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 tothe said Land including the Project and the said Apartment which will in any manner, affect the rights of Allottee under this Agreement. (viii) The Owners and Promoter confirms confirm 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Owners and the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here hereby represents and warrants to the Allottee as follows: (i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Owners and Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Owners and 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 Owners and Promoter confirms confirm 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Owners and the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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., (xiii) No notice from the Government or 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 here hereby represents and warrants to the Allottee as follows: (i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the ProjecttheProject. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Owners and Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Owners and 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 tothe said Land including the Project and the said Apartment which will in any manner, affect the rights of Allottee under this Agreement. (viii) The Owners and Promoter confirms confirm 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Owners and the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm Confirms that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here hereby represents and warrants to the Allottee as follows: (i) The Promoter has Owners have absolute, clear and marketable title with respect to the said Land; the Promoter has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Owners and 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 created herein, may prejudicially be affected. (vii) The Owners and Promoter has have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will in any manner, affect the rights of Allottee under this Agreement. (viii) The Owners and Promoter confirms confirm 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Owners and the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their it’s Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their it’s Land only for residential purpose but shall develop the land for construction of Spaces/Apartments for usage for any commercial purpose too for which the Allottee shall have no objection and/or can cannot arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Promoter here and/or Owners hereby represents and warrants to the Allottee as follows: (ia) The Promoter Owner has absolute, clear and marketable title with respect to the said Land; property and the requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the Project. (iib) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project for Residential and Commercial Purposesaid Phase of the Project. (iiic) There are no encumbrances upon the said land or Land, and/or the Project (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 and the construction having already been made and/or being made. The Promoter shall cause the said bank(s)/financial institution(s), if necessary, to issue no objection letter in favour of the Allottee to enable the Allottee to take loan from any bank or financial institution for financing the purchase of the Apartment and the Promoter further undertake that the Promoter shall cause the said bank(s)/financial institution(s) release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the Apartment in favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances. (ive) There are no litigations pending before any Court court of law or Authority authority with respect to the said Land, /Project or the Apartment. (vf) All approvals, licenses and permits issued by the Competent Authorities 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 times, remain to be in compliance with all applicable laws in relation to the Project, said Project Land, Building buildings and Apartment apartment and common 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 right, title and interest of the Allottee created herein, may be prejudicially be affected. (viih) The 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 Land including the Project and the said Apartment Property/Apartment, which will 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. (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (xj) 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 Allottees Allottee or the Competent Authoritycompetent authority, as the case may be, after the completion of the Project. (xik) The Schedule Property Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the sameApartment. (xiil) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, charges and taxes and other moneymonies, 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 application for Completion Certificate completion certificate of the said Project has been done to the competent authority issued and possession of apartment, plot apartment or building, as the case may be, along with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the Association association of Allottees Allottee or the Competent Authoritycompetent authority, as the case may be. (xiiim) No notice from the Government or 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: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. 8.1. The Promoter here and/or Owners hereby represents and warrants to the Allottee as follows: (ia) The Promoter Owner has absolute, clear and marketable title with respect to the said Land; property and the requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the Project. (iib) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project for Residential and Commercial Purposesaid Phase of the Project. (iiic) There are no encumbrances upon the said land or Land, and/or the Project (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 and the construction having already been made and/or being made. The Promoter shall cause the said bank(s)/financial institution(s), if necessary, to issue no objection letter in favour of the Allottee to enable the Allottee to take loan from any bank or financial institution for financing the purchase of the Apartment and the Promoter further undertake that the Promoter shall cause the said bank(s)/financial institution(s) release the Apartment from the mortgage created by the Promoter on or before the Promoter executing the deed of conveyance of the Apartment in favour of the Allottee and the Allottee will get the title of the Apartment free from all encumbrances. (ive) There are no litigations pending before any Court court of law or Authority authority with respect to the said Land, /Project or the Apartment. (vf) All approvals, licenses and permits issued by the Competent Authorities 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 times, remain to be in compliance with all applicable laws in relation to the Project, said Project Land, Building buildings and Apartment apartment and common 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 right, title and interest of the Allottee created herein, may be prejudicially be affected. (viih) The 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 Land including the Project and the said Apartment Property/Apartment, which will 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. (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (xj) 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 Allottees Allottee or the Competent Authoritycompetent authority, as the case may be, after the completion of the Project. (xik) The Schedule Property said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the samesaid Apartment. (xiil) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, charges and taxes and other moneymonies, 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 application for Completion Certificate completion certificate of the said Project has been done to the competent authority issued and possession of apartment, plot apartment or building, as the case may be, along with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the Association association of Allottees Allottee or the Competent Authoritycompetent authority, as the case may be. (xiiim) No notice from the Government or 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: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here hereby represents and warrants to the Allottee Allottee(s) as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; Land and the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project for Residential and Commercial PurposeProject. (iii) There are no encumbrances upon the said land Land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected. (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land Land, including the Project and the said Apartment which will 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 to the Allottee Allottee(s) in the manner contemplated in this Agreement. (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee Allottee(s) and the common areas to the Association association of Allottees allottees or the Competent Authoritycompetent authority, as the case may be. (xix) The Schedule Property is not the subject matter matters of any HUF and that no part thereof is owned by any minor and/or and /or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xiixi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, charges and taxes and other moneymonies, 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 application for Completion Certificate completion certificate has been done to the competent authority issued and possession of apartment, plot or building, as the case may be, Apartment along 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 Authoritycompetent authority, as the case may be. (xiiixii) No notice from the Government or 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 here hereby represents and warrants to the Allottee as follows: (i) The Promoter Owners has absolute, clear and marketable title with respect to the said Land; the Promoter has the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Owners and 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 created herein, may prejudicially be affected. (vii) The Owners and Promoter has have not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment which will in any manner, affect the rights of Allottee under this Agreement. (viii) The Owners and Promoter confirms confirm 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Owners and the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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.competent (xiii) No notice from the Government or 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

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REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmentUnit. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment Unit are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment Unit and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment Unit which will in any manner, affect the rights of Allottee under this Agreement. (viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment Unit to the Allottee in the manner contemplated in this Agreement. (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) 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 Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartmentUnit, plot or building, 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. (xiii) The Promoter confirms that the Promoter has represented to the Allottee that the Promoter shall be entitled to modify the internal shape and size of the room without effecting the rights of the Allottee and the Allottee has waived his rights and confirm such waiver not withstanding contained in the said Act the Promoter shall have the rights as described above. (xiv) No notice from the Government or 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 PROMOTER here represents and warrants to the Allottee as follows: (i) The Promoter PROMOTER has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the ProjecttheProject. (ii) The Promoter PROMOTER has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the ApartmenttheApartment. (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 PROMOTER has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;commonareas. (vi) The Promoter PROMOTER has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affectedbeaffected. (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 PROMOTER confirms that the Promoter PROMOTER is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this AgreementthisAgreement. (ix) The Promoter PROMOTER Confirm that the Promoter PROMOTER is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with theAct. (x) At the time of execution of the conveyance deed the Promoter PROMOTER shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the sameScheduleProperty. (xii) The Promoter PROMOTER has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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 bemaybe. (xiii) No notice from the Government or 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 PROMOTER in respect of the said Land and/or the ProjecttheProject.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here Promoter/Developer hereby represents and warrants to the Allottee as follows:follows:- (i) The Promoter has Owners have absolute, clear and marketable title with respect to of the said LandProject Property; the requisite authority and rights to carry out development upon the said Land Project property and absolute, actual, actual physical and legal possession of the said Land Project Property for the Real Estate Project. (ii) The Promoter Promoter/Developer has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial PurposeReal Estate Project. (iii) There are no encumbrances upon the said land Project Property or the Real Estate Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project Property or the Apartment.Real Estate Project; (v) All approvals, licenses and permits issued by the Competent Authorities competent authorities with respect to the Real Estate Project, said Land the Project Property and the Said Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter promoter has been and shall, at all times times, remain to be in compliance with all applicable laws in relation to the ProjectReal Estate Project the Project Property, the said Landapartment, Building the said tower/building and Apartment and common areasCommon Areas of the Real Estate Project till the date of handing over of the real Estate Project to the association of Allottees; (vi) The Promoter Promoter/Developer has the right to enter into this Agreement agreement and has not committed or omitted to perform any act or thing, thing whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter Promoter/Developer has not entered into any agreement for sale and/or development agreement or any other agreement/arrangement with any person or party with respect to the said Land including the Project and the said Apartment “Said Apartment” which will will, in any manner, affect the rights of Allottee under this Agreementagreement. (viii) The Promoter Promoter/Developer confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment apartment to the Allottee allottee in the manner contemplated in this Agreementagreement. (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter Promoter/Developer shall handover lawful, vacant, peaceful, vacant peaceful physical possession of the Said Apartment to the Allottee allottee and the common areas of the Real Estate Project to the Association association of Allottees or allottees, upon the Competent Authority, as the case may be.same being formed and registered; (xix) The Schedule Project Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same.Project Property ; (xiixi) The Promoter Promoter/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, charges and taxes and other moneymonies, 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 application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiiixii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertyProject Property) has been received by or served upon the Promoter Promoter/Developer in respect of the said Land Project Property and/or the Real Estate Project. (xiii) That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon This Project land is mortgage with ECL Finance Limited and agreement is in compliance with the terms and conditions of the said land or the Projectmortgage. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever.for (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then than necessary permissions shall be obtained from the concern concerned department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment Apartment/unit/car-parking space are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; , the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas;. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for everever if the same is in accordance with the Act. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be.the (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Occupancy Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here hereby represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project.; (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose.Project; (iii) There are no encumbrances upon the said land Land or the Project.Project save and except the Project Loan availed by the Promoter whereby creating a charge over the project land, this creation of charge will not create any embargo for the Allottee(s) availing for housing loan from Banks and other Financial Institutions by creating a charge on their respective allotted Apartment for which AXIS Bank Limited shall most willingly provide/issue the requisite No Objection document for the aforesaid purpose; (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 competent authorities with respect to the Project, said Land and Apartment [Apartment] are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment [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, whereby the right title and interest of the Allottee created herein, may prejudicially be affected.; (vii) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement/ arrangement with any person or party with respect to the said Land including the Project and the said Apartment [Apartment] 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 [Apartment] to the Allottee in the Allottee in the manner contemplated in this Agreement.; (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment [Apartment] to the Allottee and the common areas to the Association association of Allottees allottees or the Competent Authoritycompetent authority, as the case may be.; (xix) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same.; (xiixi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, charges and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate completion certificate has been done to the competent authority issued and possession of apartment, plot or building, as the case may be, along with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee allottee and the Association association of Allottees allottees or the Competent Authoritycompetent authority, as the case may be.; (xiiixii) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the said Land and/or the Project.

Appears in 1 contract

Samples: Agreement for Sale

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here hereby represents and warrants to the Allottee as follows: (i) i. The Promoter has Owner have absolute, clear and marketable title with respect to the said Land; Promoter has the requisite authority and rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project.; (ii) . The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose.Project; (iii) . There are no encumbrances upon the said land Land or the Project.; (iv) . There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment.; (v) v. All approvals, licenses and permits issued by the Competent Authorities competent authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times times, remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areasareas till the date of handing over of the project to the association of Allottes; (vi) . The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right right, title and interest of the Allottee created herein, may prejudicially be affected.; (vii) . The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the said Land including the Project and the said Apartment 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 to the Allottee in the manner contemplated in this Agreement.; (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) . At the time of execution of the conveyance deed of sale the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association association of Allottees or once the Competent Authority, as the case may be.same being formed and Registered; (xi) x. The Schedule Property Said Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule PropertySaid Land; xi. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, charges and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate completion certificate has been done to the competent authority and issued irrespective of possession of apartment, plot or building, as the case may be, apartment along with common areas (equipped with all the specificationspecifications, amenities and and. facilities) has been handed over to the Allottee allottee and the Association association of Allottees or the Competent Authority, as the case may be.not; (xiii) xii. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said propertySaid Land) has been received by or served upon the Promoter in respect of the said Land and/or the Project. xiii. That the property is not Waqf property.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their it’s Land only for residential purpose but shall develop the land for construction of Spaces/Apartments for usage for any commercial purpose too for which the Allotee shall have no objection and/or can cannot arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority issued and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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 here and/or Owners hereby represents and warrants to the Allottee as follows: (i) The Promoter Owner has absolute, clear and marketable title with respect to the said Land; property and the requisite rights to carry out development upon the said Land property and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities authorities to carry out development of the Project for Residential and Commercial Purposesaid Phase of the Project. (iii) There are no encumbrances upon the said land or Land, and/or the Project. (iv) There are is no litigations pending before any Court 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 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 times, remain to be in compliance with all applicable laws in relation to the Project, said Project Land, Building buildings and Apartment apartment and common areas;the Common Areas. (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right right, title and interest of the Allottee created herein, may be prejudicially be affected. (vii) The 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 Land including the Project and the said Apartment Property/Apartment, 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 to the Allottee in the manner contemplated in this Agreement. (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed 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 Allottees Allottee or the Competent Authoritycompetent authority, as the case may be, after the completion of the Project. (xix) The Schedule Property said Apartment is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the samesaid Apartment. (xiixi) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, charges and taxes and other moneymonies, 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 application for Completion Certificate completion certificate of the said Project has been done to the competent authority issued and possession of apartment, plot apartment or building, as the case may be, along with common areas (equipped with all the specificationspecifications, amenities and facilities) has been handed over to the Allottee and the Association association of Allottees Allottee or the Competent Authoritycompetent authority, as the case may be. (xiiixii) No notice from the Government or 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 here hereby represents and warrants to the Allottee Allottee/s as follows: (i) I. The Promoter has absolute, clear and marketable title with respect to the said LandSaid Property; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the said Land Said Property and absolute, also has actual, physical and legal possession of the said Land Said Property for the implementation of the Project.; (ii) II. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential said Building and Commercial Purpose.shall obtain requisite approvals from time to time to complete the development of the said Building; (iii) III. There are no encumbrances upon the land appertaining to said land Building or the Project.Said Property except those disclosed in the title report or under online uploading of registration of project or under this agreement; (iv) IV. There are no litigations pending before any Court of law or Authority with respect to the land appertaining to said Land, Project or the ApartmentBuilding. (v) V. All approvals, licenses and permits issued by the Competent Authorities competent authorities with respect to the Project, Said Property and said Land and Apartment building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times times, remain to be in compliance with all applicable laws in relation to the ProjectSaid Property, said Land, Building and Apartment Building/wing and common areas; (vi) VI. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right right, title and interest of the Allottee Allottee/s created herein, may prejudicially be affected.; (vii) VII. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement/agreement / arrangement with any person or party with respect to the Said Property, including said Land including the Project Building and the said Apartment which will will, in any manner, affect the rights of Allottee Allottee/s under this Agreement.; (viii) VIII. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee Allottee/s in the manner contemplated in this Agreement.; (ix) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) IX. At the time of execution of the conveyance deed or such other vesting agreement of the structure to the association of Allottee/s the Promoter as mentioned herein above shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas of the Structure to the Association of Allottees or the Competent Authority, as the case may be.Allottee/s ; (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) X. The Promoter has duly paid and shall continue to pay and discharge all undisputed governmental dues, rates, charges, charges and taxes and other moneymonies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project Building to the competent Authorities till the application for Completion Certificate has been done subject to the competent authority terms and possession of apartment, plot or building, 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.conditions mentioned herein; (xiii) XI. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Promoter in respect of the Said Property/or said Land and/or Building except those disclosed in the Projecttitle report. XII. The Promoters have prior to the execution of these presents specifically disclosed and represented the Allottee/s as under which Allottee shall be deemed to be accepted on execution and registration of this presents: (a) That the Promoters have only purchased and acquired development rights to utilize and consume 4,82,493.18 sq. ft. in Sector “F” of the said layout as per the Development Agreement dated 31st December 2009 on terms and conditions therein recorded and the Promoters while carrying out the entire development either together or in phase wise manner is bound and liable by the covenants and conditions agreed with the Owners as recorded therein; (b) That all the areas falling under reservation, whether D.P. Roads, gardens, play grounds, utilities or otherwise forming part of the layout property shall remain and belong to the Owner. That the R.

Appears in 1 contract

Samples: Sale Agreement

REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter here represents and warrants to the Allottee as follows: (i) The Promoter has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project. (ii) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project for Residential and Commercial Purpose. (iii) There are no encumbrances upon the said land or the Project. (iv) There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartment. (v) All approvals, licenses and permits issued by the Competent Authorities with respect to the Project, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Promoter has been and shall, at all times remain to be in compliance with all applicable laws in relation to the Project, said Land, Building and Apartment and common areas; (vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right title and interest of the Allottee created herein, may prejudicially be affected. (vii) The Promoter 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) The Promoter Confirm that the Promoter is fully Authorized and not restricted to construct and use their Land only for shop / residential purpose but shall develop the land for construction of Apartments for usage for any commercial purpose too for which shall have no objection and/or can arise any disputes therefore for such purpose at any point of time for ever. (x) At the time of execution of the conveyance deed the Promoter shall handover lawful, vacant, peaceful, physical possession of the Apartment to the Allottee and the common areas to the Association of Allottees or the Competent Authority, as the case may be. (xi) The Schedule Property is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Schedule Property. In case, the property is subject matter of any HUF or Minor then necessary permissions shall be obtained from the concern department/Court of Law or legal formalities shall be obtained for transferring the legal title of the same. (xii) The Promoter has duly paid and shall continue to pay and discharge all governmental dues, rates, charges, and taxes and other money, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities till the application for Completion Certificate has been done to the competent authority and possession of apartment, plot or building, 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. (xiii) No notice from the Government or 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

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