RESERVATION & SUPERCESSION. 7.1 This deed supersedes all writing, understandings, agreement, brochures and any other agreement between the parties hereto and to the Allottee agrees not to rely on the same save and except the applicable covenants of the said agreement for sale of the Apartment. 7.2 The right of the Allottee shall remain restricted to the said Apartment and common area and portions and in no event the Allottee shall be entitled and hereby agrees not to claim any right in respect of the other parts or portions of the building and the said premises. Promoter shall be entitled tosell and transfer the said open spaces by way of open car parking/ two xxxxxxx parking zones or area. 7.3 It is clearly understood and envisaged that the Promoter shall always be entitled to use and utilize the side open spaces for any of its purposes including to create car parking and vehicle zones in the side open spaces and to sell the car parking areas and spaces independently whether such open car parking spaces have been officially sanctioned or not and the Allottee undertakes not to make or raise any objection thereto. 7.4 The Allottee covenants that the Allottee and/or association shall not at any point of time object or oppose the use of the roof by the Promoter, its licensee and/or any other users and occupiers of the commercial area for installation, upkeep and/or maintenance of antenna and/or v-sat towers etc. 7.5 The Allottee covenants and agrees that the Allottee singally and/or in unison with any other Apartment Holder at the said complex shall not object to the Promoters right to use, convent, utilize the roof or any part of it and/or he open terraces appurtenant to any Apartment for the purpose of creating, installing of a private terrace garden or a pent house etc. as per the Plan inspected by the Authority.
Appears in 2 contracts
Samples: Deed of Conveyance, Deed of Conveyance
RESERVATION & SUPERCESSION. 7.1 This deed Deed supersedes all writingother writings, understandings, agreementagreements, brochures and any other agreement between the parties hereto and to the Allottee agrees Purchasers agree not to rely on the same save and except the applicable covenants of the said agreement for sale of the Apartmentsame.
7.2 The right of the Allottee Purchasers shall remain restricted to the said Apartment Said Flat/Unit and common area Common Areas and portions Portions and in no event the Allottee Purchaser shall be entitled and hereby agrees not to claim any right in respect of the other parts or portions of the said building and the said premisesSaid Premises. The Promoter shall be entitled tosell to sell and transfer the said side open spaces by way of open car parking/ two xxxxxxx parking Open Car Parking/Two Xxxxxxx Parking zones or areaareas including to any outside purchaser also.
7.3 It is clearly understood and envisaged that the Promoter shall always be entitled to use and utilize the side open spaces for any of its purposes including to create car parking and vehicle zones in the side open spaces and to sell the car parking areas and spaces independently whether such open car parking spaces have been officially sanctioned or not and the Allottee undertakes Purchasers undertake not to make or raise any objection thereto.
7.4 The Allottee covenants Promoter shall be entitled to deal with, dispose of use or transfer the unsold areas in such manner and together with such rights and privileges as may be desired by it at its sole discretion and the Purchaser or the Association shall not be entitled to object to the same.
7.5 The Purchasers covenant that the Allottee and/or association Purchasers and/ or Association shall not at any point of time object or oppose the use of the roof by the Promoter, its licensee and/or any other users and occupiers of the commercial area Promoter for installation, upkeep and/or and/ or maintenance of antenna and/or vand/ or V-sat towers or hoardings and to maintain the same with or without electricity illumination, etc.
7.5 7.6 The Allottee covenants and agrees that the Allottee singally and/or in unison with any other Apartment Holder at Promoter shall be entitled to all future vertical/horizontal exploitation of the said complex shall not object building and/or the said premises by way of additional construction or adding another floor or floors or otherwise, subject to the Promoters permission and/or sanction of the municipal authorities to be obtained in due course and/or as may be regularized in due course.
7.7 The Purchasers shall have common rights along with the other flat/unit holders to the demarcated portion of the roof as will be demarcated by the Promoter which shall also accommodate the lift room, staircase housings and the overhead water tanks and the rest of the roof which shall be under the exclusive ownership, control, use and possession of the Promoter or its transferees and/or assignees for use the same for any commercial purpose including for installation of antenna towers construction of undivided saleable roof gardens or pent houses etc. and all other additional structures constructed thereon.
7.8 The Promoter reserves the right to use, convent, utilize raise the further storey or storeys on the roof of the new building as may be sanctioned in future in which case the demarcated portion of the ultimate roof after such construction meant to be common will be demarcated as such in terms of this agreement and the Purchasers undertake not to make or raise any part objection to such construction of it and/or he open terraces appurtenant to the further storeys in any Apartment manner whatsoever.
7.9 The Purchasers hereby appoint the Promoter as the duly authorized Constituted Attorney of the Purchase for the purpose of creatingrevision, installing alteration, modification, extension, regularization of a private terrace garden the sanctioned plan in connection with construction of further floor or a pent house etc. floors upon the said Building and for all the allied purposes related thereto including in the matter of vertical or horizontal extension of the Building and premises including for the extension of facilities amenities and benefits to the same to such subsequently constructed floors or areas.
7.10 The Purchaser(s) as per the Flat Holder hereby consents that notwithstanding anything to the contrary stated under the sale Agreement or under any law for the time being in force the Promoter shall be entitled to apply for modification, alteration, extension and/or regularization of the sanctioned Plan inspected by the Authorityand/or any construction added subsequently.
Appears in 1 contract
Samples: Deed of Conveyance
RESERVATION & SUPERCESSION. 7.1 This deed supersedes all writing, understandings, agreement, brochures and any other agreement between the parties hereto and to the Allottee agrees not to rely on the same save and except the applicable covenants of the said agreement for sale of the Apartment.
7.2 . The right of the Allottee shall remain restricted to the said Apartment and common area and portions and in no event the Allottee shall be entitled and hereby agrees not to claim any right in respect of the other parts or portions of the building and the said premises. Promoter shall be entitled tosell to sell and transfer the said open spaces by way of open car parking/ two xxxxxxx parking zones or area.
7.3 . It is clearly understood and envisaged that the Promoter shall always be entitled to use and utilize the side open spaces for any of its purposes including to create car parking and vehicle zones in the side open spaces and to sell the car parking areas and spaces independently whether such open car parking spaces have been officially sanctioned or not and the Allottee undertakes not to make or raise any objection thereto.
7.4 . The Allottee covenants that the Allottee and/or association shall not at any point of time object or oppose the use of the half roof by the Promoter, its licensee and/or any other users and occupiers of the commercial area for installation, upkeep and/or maintenance of antenna and/or v-sat towers etc.
7.5 . The Allottee covenants and agrees that the Allottee singally signally and/or in unison with any other Apartment Holder at the said complex shall not object to the Promoters right to use, convent, utilize the roof or any half part of it and/or he open terraces appurtenant to any Apartment for the purpose of creating, installing of a private terrace garden or a pent house etc. as per the Plan inspected by the Authority. (Said Land) Residential Apartment No. …………. on the …………. Floor having super built-up area (for the purpose of calculating maintenance charges only) square feet, more or less corresponding to carpet area …………. square feet more or less with right to park covered or open car parking space to be allotted in due course comprised in the building named “SIDDHI” constructed on Said Premises, described in the Schedule - A above together with undivided proportionate share of the land underneath the building block together with right to use the common area, amenities and facilities more fully mentioned in Schedule-E, of the Project.
1. The foundation columns beams supports corridors lobbies stairs, stairways landings entrances exists and pathways driveways,
2. Drains and sewers from the premises to the municipal duct,
3. Water sewerage and drainage connection pipes from the Apartment to drains and sewers common to the premises,
4. Toilets and bathrooms for use of durwans, drivers, maintenancestaff of the premises,
5. Boundary walls of the premises including outer side of the walls of the building and main gates,
6. Water pump and motor with installation and room therefore,
7. Overhead tanks and underground water reservoirs, water pipes and other common plumbing installations,
8. Electrical wiring, meters and fittings and fixtures for lighting the staircase, lobby, and other common areas (excluding those as are stalled for any particular Apartment) and spaces required therefore,
9. Windows/doors and other fittings of the common area of the premises,
10. Lifts and its accessories, installations and spaces required therefore,
11. Such other common parts areas equipments installations fixtures fittings covered and open space in or about the said premises and/or the building as are necessary for passage to use and occupancy of the Apartments and as are specified by the Owners/Developers expressly to be the common parts after construction of the building but excluding the other open and/or covered areas or space which can always be used or allowed to be used by the Vendor for different purposes. The under mentioned rights, easements, quasi-easements, privileges and appurtenances shall be excepted out of the sale and be reserved unto the vendor but shall be transferred to the Holding Organization.
1. The right in common with the Allottee and/or other person or persons entitled to the other Apartment and/or other parts of the Building for the use and enjoyment of other Apartment and/or the common portions respectively owned.
2. The right of passage in common with the Allottee and other person or persons as aforesaid of gas, if any electricity, telephone and water from and to any part of the said Building through or over the said Apartment and/or the land and the Building as may be reasonably necessary for the beneficial use and occupation of theother Apartments or portions of the said land and building for all purpose whatsoever.
3. The right of protection of other portion or portions of the said building and all parts of the said Apartment so far as they now protect the same.
4. The right as might otherwise become vested in the Allottee by means of any structural alteration to the said Apartment or otherwise in any manner to lessen or diminish the support at present enjoyed by other parts or parts of the said building.
5. The right of the Promoter and/or occupiers of other part or parts of the said building for the purpose of ingress to and egress from such other part of parts of the said Building, the front entrance, the tube xxxxx, transformers, staircases, lift, open and spaces and other common portions.
6. The right with or without workmen and necessary materials to enter upon from time to time the said Apartment for the purpose of repairing so far as may be necessary such pipes, drains and wires conduits and other common portion as aforesaid provided.
7. That if any additional work is done by the Owners as per instructions of the Purchaser herein, then it shall pay the said additional expenses and costs to the Owners before delivery of possession of the Flat.
8. That half portion of the ultimate roof West sides of the Building will be the exclusive property of the 6th Floor Flat Owner cum one of the owner of the land and the remaining portions will be the common in between all the Co-Owners of the said Building.
1. The Allottee will be entitled to all rights privileges, vertical and lateral supports, easements, appendages and appurtenances whatsoever belonging to or in any way appertaining to the said Apartment and the properties appurtenant thereto usually held, used, occupied or enjoyed or reputed to be known as part or parcel thereof or appertaining thereto which are herein more fully specified EXCEPTING AND RESERVING unto the vendor the rights, easements and quasi-easements privileges and appurtenances more fully described in Fourth Schedule hereto.
2. The rights of access and use in common with the Promoter and/or the occupiers of Apartment at the Building, their servants, agents and invitees at all times and for all normal purposes connected with the use and enjoyment of the said Apartment such as drains, wires and conduits and for the purpose of repairing or clearing any part or parts of the said Apartment and/or common parts in so far as such repairing, repainting or cleansing as aforesaid cannot be reasonably carried out without such entry and in all such cases excepting emerging situation upon giving 48 hours previous notice in writing of the purchaser’s intention to do so written to the Association and other persons affected thereby.
3. The Allottee may at the sole discretion of the Promoter be allowed to use and enjoy the facility and/or privilege to park medium sized car in the open or covered car parking area (to be designated as the car park area by the Promoter) at the said Premises and if attotted by the Promotor in writing and not otherwise.
Appears in 1 contract
Samples: Deed of Conveyance
RESERVATION & SUPERCESSION. 7.1 This deed supersedes all writing, understandings, agreement, brochures and any other agreement between the parties hereto and to the Allottee purchaser agrees not to rely on the same save and except the applicable covenants of the said agreement for sale of the Apartmentunit/flat.
7.2 The right of the Allottee purchaser shall remain restricted to the said Apartment flat/unit and common area and portions and in no event the Allottee purchaser shall be entitled and hereby agrees not to claim any right in respect of the other parts or portions of the building and the said premises. Promoter shall be entitled tosell to sell and transfer the said open spaces by way of open car parking/ two xxxxxxx parking zones or areaarea including to nay outside purchaser also.
7.3 It is clearly understood and envisaged that the Promoter shall always be entitled to use and utilize the side open spaces for any nay of its purposes purpose including to create car parking and vehicle zones in the side open spaces and to sell the car parking areas and spaces independently whether such open car parking spaces have been officially sanctioned or not and the Allottee undertakes purchasers undertake not to make or raise any objection thereto.
7.4 The Allottee purchaser covenants that the Allottee and/or purchaser and /or association shall not at any point of time object or oppose the use of the roof by the Promoter, its licensee and/or any other users and occupiers of the commercial area for installation, upkeep and/or and / or maintenance of antenna and/or and / or v-sat towers etc.
7.5 The Allottee covenants . ALL THAT piece and agrees that parcel of land having area of 7 (Seven) Cottahs 2(two) Chittaks 0 (Zero) Square Feet be the Allottee singally and/or in unison with any other Apartment Holder at the said complex shall not object to the Promoters right to use, convent, utilize the roof or any part of it and/or he open terraces appurtenant to any Apartment for the purpose of creating, installing of a private terrace garden same or a pent house etclittle more or less, lying and situated at and being Premises Xx. as per 00X Xxxxxxxx Xxxxxxx Xxxx, Police Station- Jadavpur, Post Office-Jadavpur, Kolkata- 700 032 within xxxx no 93 of the Plan inspected by the Authority.Kolkata Municipal Corporation having Assessee 210950300462 No. butted and bounded by
Appears in 1 contract
Samples: Deed of Conveyance
RESERVATION & SUPERCESSION. 7.1 This deed supersedes all writing, understandings, agreement, brochures and any other agreement between the parties hereto and to the Allottee agrees not to rely on the same save and except the applicable covenants of the said agreement for sale of the Apartment.
7.2 The right of the Allottee shall remain restricted to the said Apartment and common area and portions and in no event the Allottee shall be entitled and hereby agrees not to claim any right in respect of the other parts or portions of the building and the said premises. Promoter shall be entitled tosell to sell and transfer the said open spaces by way of open car parking/ two xxxxxxx parking zones or area.
7.3 It is clearly understood and envisaged that the Promoter shall always be entitled to use and utilize the side open spaces for any of its purposes including to create car parking and vehicle zones in the side open spaces and to sell the car parking areas and spaces independently whether such open car parking spaces have been officially sanctioned or not and the Allottee undertakes not to make or raise any objection thereto.
7.4 The Allottee covenants that the Allottee and/or association shall not at any point of time object or oppose the use of the roof by the Promoter, its licensee and/or any other users and occupiers of the commercial area for installation, upkeep and/or maintenance of antenna and/or v-sat towers etc.
7.5 The Allottee covenants and agrees that the Allottee singally and/or in unison with any other Apartment Holder at the said complex shall not object to the Promoters right to use, convent, utilize the roof or any part of it and/or he open terraces appurtenant to any Apartment for the purpose of creating, installing of a private terrace garden or a pent house etc. as per the Plan inspected by the Authority. P.S. – Haridevpur, Kolkata – 700063, Xxxx No. 124 of the K.M.C. within the limits of Sub-Registry Office A.D.S.R. Behala, District 24 Parganas (South). Residential Apartment No. …………. on the …………. Floor of Block – I/II, having super built-up area …………... (for the purpose of calculating maintenance charges only) square feet, more or less corresponding to carpet area …………. square feet more or less with right to park …………………… covered or open car parking space to be allotted in due course comprised in the building named “BARSANA ROYALE” constructed on Said Premises, described in the Schedule - A above together with undivided proportionate share of the land underneath the building block together with right to use the common area, amenities and facilities more fully mentioned in Schedule-E, of the Project.
1. The foundation columns beams supports corridors lobbies stairs, stairways landings entrances exists and pathways driveways,
2. Drains and sewers from the premises to the municipal duct,
3. Water sewerage and drainage connection pipes from the Apartment to drains and sewers common to the premises,
4. Toilets and bathrooms for use of durwans, drivers, maintenance staff of the premises,
5. Boundary walls of the premises including outer side of the walls of the building and main gates,
6. Water pump and motor with installation and room therefore,
7. Overhead tanks and underground water reservoirs, water pipes and other common plumbing installations,
8. Electrical wiring, meters and fittings and fixtures for lighting the staircase, lobby, and other common areas (excluding those as are stalled for any particular Apartment) and spaces required therefore,
9. Windows/doors and other fittings of the common area of the premises,
10. Generator, its installations and its allied accessories,
11. Lifts and its accessories, installations and spaces required therefore,
12. Such other common parts areas equipments installations fixtures fittings covered and open space in or about the said premises and/or the building as are necessary for passage to use and occupancy of the Apartments and as are specified by the Owners/Developers expressly to be the common parts after construction of the building but excluding the other open and/or covered areas or space which can always be used or allowed to be used by the Vendor for different purposes. The under mentioned rights, easements, quasi-easements, privileges and appurtenances shall be excepted out of the sale and be reserved unto the vendor but shall be transferred to the Holding Organization.
1. The right in common with the Allottee and/or other person or persons entitled to the other Apartment and/or other parts of the Building for the use and enjoyment of other Apartment and/or the common portions respectively owned.
2. The right of passage in common with the Allottee and other person or persons as aforesaid of gas, if any electricity, telephone and water from and to any part of the said Building through or over the said Apartment and/or the land and the Building as may be reasonably necessary for the beneficial use and occupation of the other Apartments or portions of the said land and building for all purpose whatsoever.
3. The right of protection of other portion or portions of the said building and all parts of the said Apartment so far as they now protect the same.
4. The right as might otherwise become vested in the Allottee by means of any structural alteration to the said Apartment or otherwise in any manner to lessen or diminish the support at present enjoyed by other parts or parts of the said building.
5. The right of the Promoter and/or occupiers of other part or parts of the said building for the purpose of ingress to and egress from such other part of parts of the said Building, the front entrance, the tube xxxxx, transformers, staircases, lift, open and spaces and other common portions.
6. The right with or without workmen and necessary materials to enter upon from time to time the said Apartment for the purpose of repairing so far as may be necessary such pipes, drains and wires conduits and other common portion as aforesaid provided.
1. The Allottee will be entitled to all rights privileges, vertical and lateral supports, easements, appendages and appurtenances whatsoever belonging to or in any way appertaining to the said Apartment and the properties appurtenant thereto usually held, used, occupied or enjoyed or reputed to be known as part or parcel thereof or appertaining thereto which are herein more fully specified EXCEPTING AND RESERVING unto the vendor the rights, easements and quasi-easements privileges and appurtenances more fully described in Fourth Schedule hereto.
2. The rights of access and use in common with the Promoter and/or the occupiers of Apartment at the Building, their servants, agents and invitees at all times and for all normal purposes connected with the use and enjoyment of the said Apartment such as drains, wires and conduits and for the purpose of repairing or clearing any part or parts of the said Apartment and/or common parts in so far as such repairing, repainting or cleansing as aforesaid cannot be reasonably carried out without such entry and in all such cases excepting emerging situation upon giving 48 hours previous notice in writing of the purchaser’s intention to do so written to the Association and other persons affected thereby.
3. The Allottee may at the sole discretion of the Promoter be allowed to use and enjoy the facility and/or privilege to park medium sized car in the open or covered car parking area (to be designated as the car park area by the Promoter) at the said Premises and if attotted by the Promotor in writing and not otherwise.
Appears in 1 contract
Samples: Deed of Conveyance
RESERVATION & SUPERCESSION. 7.1 This deed supersedes all writing, understandings, agreement, brochures and any other agreement between the parties hereto and to the Allottee agrees not to rely on the same save and except the applicable covenants of the said agreement for sale of the Apartment.
7.2 The right of the Allottee shall remain restricted to the said Apartment and common area and portions and in no event the Allottee shall be entitled and hereby agrees not to claim any right in respect of the other parts or portions of the building and the said premises. Promoter shall be entitled tosell to sell and transfer the said open spaces by way of open car parking/ two xxxxxxx parking zones or area.
7.3 It is clearly understood and envisaged that the Promoter shall always be entitled to use and utilize the side open spaces for any of its purposes including to create car parking and vehicle zones in the side open spaces and to sell the car parking areas and spaces independently whether such open car parking spaces have been officially sanctioned or not and the Allottee undertakes not to make or raise any objection thereto.
7.4 The Allottee covenants that the Allottee and/or association shall not at any point of time object or oppose the use of the roof by the Promoter, its licensee and/or any other users and occupiers of the commercial area for installation, upkeep and/or maintenance of antenna and/or v-sat towers etc.
7.5 The Allottee covenants and agrees that the Allottee singally signally and/or in unison with any other Apartment Holder at the said complex shall not object to the Promoters right to use, convent, utilize the roof or any part of it and/or he open terraces appurtenant to any Apartment for the purpose of creating, installing of a private terrace garden or a pent house etc. as per the Plan inspected by the Authority.
Appears in 1 contract
Samples: Deed of Conveyance
RESERVATION & SUPERCESSION. 7.1 This deed Deed supersedes all writingother writings, understandings, agreementagreements, brochures and any other agreement between the parties hereto and to the Allottee Purchaser agrees not to rely on the same save and except the applicable covenants of the said agreement for sale of the Apartmentsame.
7.2 The right of the Allottee Purchaser shall remain restricted to the said Apartment Flat/Unit and common area the Properties Appurtenant Thereto and portions Common Areas and Portions and in no event the Allottee Purchaser shall be entitled and hereby agrees not to claim any right in respect of the other parts or portions of the said building and the said premises. Promoter The Owner/Vendor No. 2/Developer shall be entitled tosell to sell and transfer the said side open spaces by way of open car parking/ two xxxxxxx parking Open Car Parking/Two Xxxxxxx Parking zones or areaareas including to any outside purchaser also.
7.3 It is clearly understood and envisaged that the Promoter Owner/Vendor No. 2/Developer shall always be entitled to use and utilize the side open spaces for any of its purposes including to create car parking and vehicle zones in the side open spaces and to sell the car parking areas and spaces independently whether such open car parking spaces have been officially sanctioned or not and the Allottee undertakes Purchaser undertake not to make or raise any objection thereto.
7.4 The Allottee covenants Owner/Vendor No. 2/Developer shall be entitled to deal with, dispose of use or transfer the unsold areas in such manner and together with such rights and privileges as may be desired by it at its sole discretion and the Purchaser or the Association shall not be entitled to object to the same.
7.5 The Purchaser covenant that the Allottee Purchaser and/or association Association shall not at any point of time object or oppose the use of the roof by the Promoter, its licensee and/or any other users and occupiers of the commercial area Owner/Vendor No. 2/Developer for installation, upkeep and/or and/ or maintenance of antenna and/or vand/ or V-sat towers or hoardings and to maintain the same with or without electricity illumination, etc.
7.5 7.6 The Allottee covenants and agrees that the Allottee singally and/or in unison with any other Apartment Holder at Owner/Vendor No. 2/Developer shall be entitled to all future vertical/horizontal exploitation of the said complex shall not object building and/or the said Premises by way of additional construction or adding another floor or floors or otherwise, subject to the Promoters permission and/or sanction of the municipal authorities to be obtained in due course and/or as may be regularized in due course.
7.7 The Purchaser shall have common rights along with the other flat/unit holders to the demarcated portion of the roof as will be demarcated by the Owner/Vendor No.2/Developer which shall also accommodate the lift room, staircase housings and the overhead water tanks and the rest of the roof which shall be under the exclusive ownership, control, use and possession of the Owner/Vendor No. 2/Developer or its transferees and/or assignees for use the same for any commercial purpose including for installation of antenna towers construction of undivided saleable roof gardens or pent houses, etc. and all other additional structures constructed thereon.
7.8 The Owner/Vendor No. 2/Developer reserves the right to use, convent, utilize raise the further storey or storeys on the roof of the new building as may be sanctioned in future in which case the demarcated portion of the ultimate roof after such construction meant to be common will be demarcated as such in terms of this Agreement and the Purchaser undertake not to make or raise any part objection to such construction of it and/or he open terraces appurtenant to the further storeys in any Apartment manner whatsoever.
7.9 The Purchaser hereby appoint the Owner/Vendor No. 2/Developer as the duly authorized Constituted Attorney of the Purchase for the purpose of creatingrevision, installing alteration, modification, extension, regularization of a private terrace garden the sanctioned plan in connection with construction of further floor or a pent house etcfloors upon the said Building and for all the allied purposes related thereto including in the matter of vertical or horizontal extension of the said Building and Premises including for the extension of facilities, amenities and benefits to the same to such subsequently constructed floors or areas.
7.10 The Purchaser(s) as the Flat Holder hereby consents that notwithstanding anything to the contrary stated under the Sale Agreement or under any law for the time being in force the Owner/Vendor No. as per 2/Developer shall be entitled to apply for modification, alteration, extension and/or regularization of the Sanctioned Plan inspected by the Authorityand/or any construction added subsequently.
Appears in 1 contract
Samples: Deed of Conveyance
