Common use of REPRESENTATIONS AND WARRANTIES OF THE VENDOR/DEVELOPER Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF THE VENDOR/DEVELOPER. The Vendor/ Developer hereby represents and warrants to the Allottee as follows: The Vendor/ Developer has absolute, clear and marketable title with respect to the Land; the requisite rights to carry out development upon the Land and absolute, actual, physical and legal possession of the Land for the Project; The Vendor/ Developer has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; There are no encumbrances upon the Land or the Project as on the Effective Date; There are no litigations pending before any Court of law or Authority with respect to the Land, Project or the Apartment; 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 Vendor/ Developer 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; The Vendor/ Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; The Vendor/ 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 Land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement; The Vendor/ Developer confirm that the Vendor/ Developer are not restricted in any manner whatsoever from transferring the ownership rights of the Apartment to the Allottee in the manner contemplated in this Agreement; At the time of execution of the Deed of Conveyance the Vendor/ Developer shall hand over lawful, vacant peaceful, physical possession of the Apartment to the Allottee and the Common Areas to the Association or the Competent Authority, as the case may be; The Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Land; The Vendor/ Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the Completion Certificate has been issued and possession of Apartment along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may be; and No notice from the Government or 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 Vendor/ Developer in respect of the Land and/or the Project.

Appears in 5 contracts

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

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REPRESENTATIONS AND WARRANTIES OF THE VENDOR/DEVELOPER. The Vendor/ Vendor/Developer hereby here by represents and warrants to the Allottee Allottee(s) as follows: The Vendor/ Developer [Vendor /Developer] has absolute, clear and marketable title with respect to the said Land; the requisite rights to carry out development upon the said Land and absolute, actual, physical and legal possession of the said Land for the Project; The Vendor/ Vendor/Developer has lawful rights and requisite approvals from the competent authorities Authorities to carry out development of to the Project; There are no encumbrances upon the said Land or the Project as Project; in case there are any encumbrances on the Effective Date; land provide details of such encumbrances including any rights, title, interest and name of party in or over such land. There are no litigations pending before any Court of law or Authority with respect to the said Land, Project or the Apartmentorthe Flat & Parking; All approvals, licenses and permits issued by the competent authorities with respect to the Project, said Land and Apartment Flat & Parking are valid and subsisting and have been obtained by following due process of law. Further, the Vendor/ Vendor/Developer has been and shall, at all times times, remain to be in compliance with all Applicable Laws applicable laws in relation to the Project, said Land, Building and Apartment Flat & Parking and Common Areascommon areas; The Vendor/ Vendor/Developer has the right to enter into this Agreement and has not committed or omitted to perform any act or thing whereby actor thing, where by the right, title and interest of the Allottee Allottee(s) created herein, may prejudicially be affected; The Vendor/ Vendor/Developer has not entered into any agreement for sale and/or and/ or development agreement or any other agreement/agreement/ arrangement with any person or party with respect to the said Land, including the Project and the said Apartment Flat & Parking which will, in any manner, affect the rights of Allottee Allottee(s) under this Agreement; The Vendor/ Vendor/Developer confirm confirms that the Vendor/ Vendor/Developer are is not restricted in any manner whatsoever from transferring selling the ownership rights of the Apartment said Flat & Parking to the Allottee Allottee(s) in the manner contemplated in this Agreement; At the time of execution of the Deed of Conveyance conveyance deed the Vendor/ Developer Vendor /Developer shall hand over lawful, vacant vacant, peaceful, physical possession of the Apartment Flat & Parking to the Allottee Allottee(s) and the Common Areas common areas to the Association or of the Competent Authority, as the case may beAllottee(s); The Land 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 Land; HUF. The Vendor/ Vendor/Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or and/ or penalties and other outgoingsout goings, whatsoever, payable with respect to the said Project project to the competent authorities till the Completion Certificate has been issued and possession of Apartment along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed over to the Allottee and the Association or the competent authority, as the case may beAuthorities; and No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Vendor/ Vendor/Developer in respect of the said Land and/or and/ or the Project; That the property is not Waqf property. That the Vendor/Developer shall have the exclusive right over the top roof of the building.

Appears in 1 contract

Samples: Agreement for Sale

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REPRESENTATIONS AND WARRANTIES OF THE VENDOR/DEVELOPER. The Vendor/ Vendor / Developer hereby represents and warrants to the Allottee as follows: The Vendor/ Developer has bas absolute, clear and und marketable title with respect to the Land; , the requisite rights to carry out development upon the Land and absolute, actual, physical and legal possession of the Land for the Project; The Vendor/ Vendor Developer has lawful rights and requisite approvals from the competent authorities to carry out development of the Project; There are no encumbrances upon the Land or the Project as on the Effective effective Date; : There are no litigations pending before any Court of law or Authority with respect to the Land, Project or the Apartment; All approvals, licenses and permits issued by the competent authorities with respect to the Projectproject, said Land and Apartment are valid and subsisting and have been obtained by following due process of law. Further, the Vendor/ Vendor Developer 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; : The Vendor/ Developer has the right to enter into this Agreement and has not committed or omitted admitted to perform any act nct or thing whereby the right, title tile and interest of the Allottee Allotee created herein, may prejudicially be affected; , The Vendor/ 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 Land, including the Project and the said sad Apartment which will, in any manner, affect the rights of Allottee Allotee under this Agreement; The Vendor/ Developer confirm that the Vendor/ Vendor Developer are not restricted in any manner whatsoever from transferring the ownership rights of the Apartment to the Allottee in the manner contemplated in this the Agreement; : At the time of execution of the Deed of Conveyance the Vendor/ Vendor Developer shall hand over lawful, vacant vacant, peaceful, physical possession of the Apartment to the Allottee and the Common Areas to the Association or the Competent Authority, as the case may be; The Land is not the subject matter of any HUF and that no part thereof is owned by any minor and/or no minor has any right, title and claim over the Land; Land The Vendor/ Developer has duly paid and shall continue to pay and discharge all governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the competent authorities till the Completion Certificate has been issued and possession of Apartment along with Common Areas (equipped with all the specifications, amenities and facilities) has been handed banded over to the Allottee and the Association or the competent authority, as the case may be; and No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the Vendor/ Developer in respect of the Land and/or and or the Project.

Appears in 1 contract

Samples: Agreement for Sale

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