RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions: i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid; ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed; iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee; iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder. v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee. 34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit Designated Apartment in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Designated Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Designated Apartment or his its rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the Designated Apartment in its own favour or in favour of their nominee Provided That in case the Allottee shall require the transfer to be made in favour of its nominee then the Allottee shall be bound to pay to the Promoter a nomination fee/ charge equivalent to 3% (Three percent) of the Total Price and similar fee shall be payable for all subsequent nominations (it being clarified that for the purpose of calculating the nomination fee/ charge for subsequent nominations, the Total Price shall be the aggregate of the Total Price herein mentioned plus the nomination bargain money/ profit of the transferor/ appointer, including all interim nomination bargain moneys/ profits in cases of multiple nominations) AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to approval of the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) The Promoter or the Owners shall not be required to be a party to any nomination transfer or alienation as aforesaid and shall consent to such nomination transfer or alienation only upon being paid the fee / fee/ charge as aforesaid;
iiiii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iiiiv) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / nominee/ transferee;
ivv) Under no circumstances, the Allottee shall be entitled to let out the said Designated Apartment before possession of the said Designated Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s ’ obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 5 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Land Owners and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated @Rs.150/-(Rupees One hundred and fifty) only per Square Foot of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats the Carpet Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- calculated @Rs.100/- (Rupees twenty-five thousand onlyOne Hundred) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Chargeable Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transfereeabove conditions.
34.1 34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Apartment / Unit in terms of this agreement hereof and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment / Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment / Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 18 (twelveEighteen) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Land Owners and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated @3% (three percent) of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or the price at which the Allotee agrees to transfer the Apartment / Unit to his nominee of such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation and similar fee/charge shall be payable for all subsequent nominations as well And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Apartment / Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment / Unit before possession of the said Apartment / Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Apartment / Unit in favour of the Allottee shall not be governed by this clause.
Appears in 2 contracts
Samples: Deed of Conveyance, Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 5 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Land Owners and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated as 2% of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats the Total Price of the Said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment Unit after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 5 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- calculated @Rs. (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Carpet Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transfereeabove conditions.
34.1 34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Apartment / Unit in terms of this agreement hereof and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment / Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment / Unit or his rights under this Agreement with the consent in consentin writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after onlyafter the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Land Owners and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated @ 3% of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats Sale Price or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Apartment / Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar feeshall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to joinin the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing inwriting of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment / Unit before possession of the said Apartment / Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 a. It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
b. Transfer of the said Apartment Unit after the Promoter has executed / caused to be executed the deed of conveyance of the said Apartment / Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Not Specified
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his its rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Unit in its own favour or in favour of their nominee Provided That in case the Allottee shall require the transfer to be made in favour of its nominee then the Allottee shall be bound to pay to the Promoter a nomination fee/ charge equivalent to 3% (Three percent) of the total consideration and similar fee shall be payable for all subsequent nominations (it being clarified that for the purpose of calculating the nomination fee/ charge for subsequent nominations, the total consideration shall be the aggregate of the total consideration herein mentioned plus the nomination bargain money/ profit of the transferor/ appointer, including all interim nomination bargain moneys/ profits in cases of multiple nominations) AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to approval of the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) The Promoter or the Owners shall not be required to be a party to any nomination transfer or alienation as aforesaid and shall consent to such nomination transfer or alienation only upon being paid the fee / fee/ charge as aforesaid;
iiiii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iiiiv) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / nominee/ transferee;
ivv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s ’ obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Apartment / Unit in terms of this agreement hereof and execution and registration of the Sale Sub-Lease Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment / Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment / Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 18 (twelveeighteen) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Sub-Lessor and not being in default in observance of his obligations under this Agreement Provided Further That the Thatthe Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats @ or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And alienationAnd Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Apartment / Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment / Unit before possession of the said Apartment / Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance sub-lease of the said Apartment / Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sub Lease Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 4 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee Purchaser shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter Vendors first had and obtained in writing Provided That the Allottee Purchaser may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter Vendor (which consent the Promoter Vendors may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee Purchaser having made payment of the entirety of all amounts payable hereunder to the Promoter Vendors and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee Purchaser shall be liable for payment to the Promoter Vendors of a fee / charge of Rs.25,000/- calculated @100/= (Rupees twenty-five thousand onlyone hundred) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Chargeable Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter Vendors in its their absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter Vendors shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee Purchaser to be observed fulfilled and performed;
iii) The Allottee Purchaser shall have previously informed the Promoter Vendors in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee Purchaser shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee Purchaser in terms hereof and the Allottee Purchaser having duly made payment of all amounts payable hereunder and having duly complied with all the AllotteePurchaser’s obligations hereunder.
v5.1 It is clarified that any change in the control or ownership of the Purchaser (if being a Company or a partnership or an LLP) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transfereeabove conditions.
34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Real Estate Purchase Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and Pending execution and registration of the Sale Deed to be executed of Lease by The State of West Bengal in pursuance hereofAllottee’s favour, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse allow transfer / nomination of the allotment hereby agreed to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after be made subject to the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not in any manner being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And herein contained But Subject Nevertheless To the following terms and conditions:
ia) The Promoter shall consent to any such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants herein contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iiib) The the Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
ivc) Under no circumstances, the Allottee shall be entitled to let out liable for payment of such charges as may be imposed by the said Apartment before possession Promoter for such transfer, which for the time being has been fixed by the Promoter as 2% of the said Apartment is delivered transfer price (being the aggregate of the Premium payable by the Allottee to the Allottee in terms hereof Promoter hereunder and the profit of the Allottee having duly made payment and also the profits of all amounts payable hereunder the their subsequent transferees / nominees in case of subsequent nominations / transfers), with liberty to the Promoter to change / modify the same from time to time at the sole and having duly complied with all absolute discretion of the Allottee’s obligations hereunder.Promoter;
vd) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment Unit after the Promoter has executed / caused to be executed the deed of conveyance lease of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Lease Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Sub-lease Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 24 (twelvetwenty-four) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- Rs. (Rupees twenty) only per Square Feet of the Super Built-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats up Area comprised in the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment Unit after the Promoter has executed / caused to be executed the deed of conveyance sub-lease of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sub Lease Agreement
RESTRICTIONS ON ALIENATION. 34.1 Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“"Lock-in Period”") and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- calculated @Rs.100/- (Rupees twenty-five thousand onlyOne Hundred) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Chargeable Area of the said Unit or such other fee / charge as may be decided and/or and/ or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s 's obligations hereunder.
v) All stamp duty The Allottee admit and registration chargesaccept that the Allottee shall not nominate or assigns the right under this Agreement save in the manner indicated above. In case of assignment/nomination only in favour of mother or father or spouse or child of the Allottee, legal no transfer charge/nomination fees and other charges and outgoings shall be payable. It is clarified that inclusion of a new joint Allottees or change of a joint Allottees shall be treated as maybe occasioned due to aforesaid a transfer / unless such joint Allottees are mother or father or spouse or child of the original Allottees. Any nomination/transfer/made in contravention/violation of conditions mentioned herein, shall be void ab-initio. It is clarified that any change in the control or Ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transferee.above conditions
34.1 34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession 17.1 No Participant (the "Transferor") will, directly or indirectly, transfer, convey, assign, mortgage or grant an option in respect of or grant a right to purchase or in any manner transfer or alienate or agree to transfer or alienate (all of which are collectively referred to in this section 17 and section 19 as a "Transfer") any or all of its Interest or its rights under this agreement or the Option Agreement or in the JV Property, except as provided in this section 17.
17.2 No Transfer of a Participant's Interest in the JV Property or rights under this agreement or the Option Agreement will be effective unless the Transferor has given notice of the said Unit Transfer as required by section 17.4, is not in default of any term or provision of this agreement at the time of Transfer and until any proposed assignee, transferee, purchaser, grantee or encumbrancer of such Interest or rights under this agreement ("Transferee") has executed and delivered to the remaining Participant:
(a) In the case of the Transfer of all of a Participant's rights under this agreement or the Option Agreement, an agreement in form and substance satisfactory to counsel for the remaining Participants, related to this agreement or the Option Agreement, as applicable, containing:
(i) a covenant by such Transferee with the remaining Participants to perform all of the obligations of the Transferor to be performed under this agreement or the Option Agreement, as applicable, in respect of the Interest or rights under this agreement or the Option Agreement as applicable, to be received by the Transferee; and
(ii) a provision subjecting any further Transfer of such Interest or rights under this agreement or the Option Agreement, as applicable, to the provisions of this section 17, and
(iii) unless consented to by the remaining Participants (such consent can include reasonable conditions for the protection of the remaining Participants) , the Transferor will remain liable for the performance of all obligations assumed by the Transferee in default of the performance thereof by the Transferee. For greater certainty, any transfer of one Participant's Interest must include an acknowledgement that the other Participants have an Interest and other rights under this agreement;
(b) No transfer permitted by this section 17 will relieve the transferor of any liability, whether accruing before or after such Transfer, which arises out of operations conducted prior to such Transfer.
17.3 Any Optionor (in this section called the "Offeror") intending to Transfer its Interest or its rights under this agreement or the Option Agreement will first give notice to Lonmin of such intention together with the terms and conditions on which the Offeror intends to Transfer its Interest.
17.4 If any Optionor (in this section also called the "Offeror") receives any offer to Transfer its Interest in the JV Property or its rights under the Option Agreement, which it intends to accept, the Offeror will not accept the same unless and until the Offeror has first offered to Transfer its Interest or its rights under the Option Agreement to Lonmin (in this section called the "Offeree") on the same terms and conditions as in the offer received and the same has not been accepted by the Offeree in accordance with section 17.6.
17.5 Any communication of an intention to sell pursuant to sections 17.4 or 17.5 (the "Offer" for the purposes of this section 17 only) will be delivered in accordance with section 20 and will:
(a) set out fully and clearly all of the terms and conditions of any intended Transfer together with confirmation of the cash equivalent of the Offer which the Offerree may pay;
(b) if it is made pursuant to section 17.4, include a certified copy of the Offer and clearly identify the offering party and include such information as is known by the Offeror about such offering party, and such communication will be deemed to constitute an Offer by the Offeror to the Offeree to Transfer the Offeror's Interest to the Offeree on the terms and conditions set out in such Offer.
17.6 Any Offer made as contemplated in section 17.5 will be open for acceptance by the Offeree for a period of 50 days from the date of receipt of the Offer by the Offeree.
17.7 If the Offeree accepts the Offer within the required time such acceptance will constitute a binding agreement between the Offeror and the Offeree to Transfer the Interest on the terms and conditions set out in such Offer.
17.8 If the Offeree does not accept the Offer within the required time the Offeror may complete a Transfer of the Interest on exactly the same terms and conditions set out in the Offer and only to the party making the original offer to the Offeror as contemplated in section 17.4, and in any event such Transfer must be completed within 60 days from the expiration of the right of the Offeree to accept such Offer or the Offeror must again comply with the provisions of this section with respect to the Interest.
17.9 While any Offer is outstanding no other Offer may be made until the first mentioned Offer is disposed of and any sale resulting therefrom completed in accordance with the provisions of this section 17.
17.10 In the event of a Transfer of less than all of a Participant's Interest after which the Transferee retains an Interest, it and its transferee shall be treated as one Participant.
17.11 If the Transfer is the grant of a security interest by mortgage, deed of trust, pledge, lien or other encumbrance of the Interest of a Participant to secure a loan or other indebtedness, such security interest shall be subordinate to the terms of this agreement and execution the rights and registration interests of the Sale Deed other Participants hereunder. Upon any foreclosure or other enforcement of rights in the security interest the acquiring third party shall be deemed to have assumed the position of the encumbering Participant with respect to this agreement and the other Participants, and it shall comply with and be executed bound by the terms and conditions of this agreement.
17.12 Each Participant agrees that its failure to comply with the restrictions set out in pursuance hereofthis section 17 would constitute an injury and damage to the other Participants impossible to measure monetarily and, in the Allottee shall not deal withevent of any such failure the other Participants will, let outin addition and without prejudice to any other rights and remedies at law or in equity, encumber, transfer be entitled to injunctive relief restraining or alienate the said Apartment enjoining any Transfer of its Interest or his its rights under the Option Agreement save in accordance with the provisions of this Agreement section, and a Participant intending to make a Transfer or making a Transfer contrary to the provisions of this section hereby waives any defence it might have in law to such injunctive relief.
17.13 Notwithstanding anything else in this agreement, a Participant may Transfer its Interest, or part thereof, to a wholly-owned subsidiary or a company ultimately controlled by the Participant transferring its Interest (a "Controlled Company") without the consent of the other Participants but otherwise in compliance with this section 17 provided that the Transferor remains principally liable for the obligations of the Controlled Company under this agreement. Such Controlled Company must agree in writing to retransfer the Interest to the assignor if it ceases to be a Controlled Company.
17.14 Prior to the commencement of Commercial Production, other than in the circumstances set out in sections 7.1(c), 8.13 or 12.2, if Lonmin intends to Transfer its Interest or receives an offer to Transfer its Interest which it intends to accept, the provisions set out in 17.3 through 17.10 shall apply with Lonmin the "Offeror" and the Optionors each being an Offerree. If the Offerrees unanimously accept the Offer, they will purchase Lonmin's Interest pro rata, or on such other proportions as they may agree. If only one Offerree accepts the Offer, it will purchase all of Lonmin's Interest on the terms specified in the Offer.
17.15 Following the commencement of Commercial Production, if Lonmin wishes to Transfer all or part of its Interest, it shall prepare an offer to Transfer to the Optionors which specifies the terms on which Lonmin is willing to Transfer all or part of its Interest. Each Optionor shall notify Lonmin within 50 days of receipt of such offer as to whether it is willing to purchase a portion of Lonmin's Interest pro rata to its own Interest , or all of Lonmin's Interest if the other Optionor is not willing to purchase a portion of Lonmin's Interest pro rata to its own Interest. If Lonmin does not receive notice of acceptance to purchase all of its Interest, it may sell its Interest to any third party on terms (when considered in their totality) no less favourable to itself than those specified in its offer provided such sale closes within 90 days of receipt of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months notices from the date hereof (“Lock-in Period”) Optionors. If the Optionors or one Optionor is willing to purchase Lonmin's Interest on the terms specified, each of Lonmin and that too only after the Allottee having made payment of the entirety of Optionors shall do all amounts payable hereunder such things and execute all such documents as are reasonably necessary to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent give effect to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunderTransfer within 60 days.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s Allottee‟s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement Agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / fee/charge of Rs.25,000/- calculated @ Rs. _200/- (Rupees twenty-five thousand only_two hundred) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Built Up Area of the said Unit or such other fee / fee/charge as may be decided and/or made applicable from time to time by the Promoter in its their absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / fee/charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / nominee/transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunderhereunder It is clarified that any change in Allottee’s control or ownership (if being a Company or a partnership or an LLP etc.
v) All stamp duty shall come within the purview of such nomination/assignment/transfer and registration charges, legal fees and other charges and outgoings as maybe occasioned due be subject to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 above conditions. Transfer of the said Apartment after the Promoter has executed / executed/caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not shallnot be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 7.2 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated @ 2% of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats Total Sale Value of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment Unit after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
34.3 To be read with 7.2 that Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. Provided That the Promoter shall not be liable to deliver possession of the said Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then.
34.3.1 To be read with 7.2.1 It is clarified that the Promoter shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above.
34.3.2 To be read with 7.3.1 Further, in case the Allottee fails or neglects to take possession of the said Unit as and when called upon by the Promoter as aforesaid or where physical delivery has been withheld by the Promoter on grounds of breach / default bythe Allottee, the Allottee shall be liable to pay guarding / holding charges @ Rs 6/- (Rupees Six only) per Square Foot per month of the Chargeable / Super Built-up area of the said Unit, plus GST (if applicable), from the Deemed Date of Possession / Date of Commencement of liability to the actual date when the physical possession is taken by the Allottee. 34.3.3
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Apartment / Unit in terms of this agreement hereof and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment / Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment / Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Land Owners and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter a transfer fees calculable at the rate of a fee / charge 3% of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, price And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Apartment / Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to prior approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment / Unit before possession of the said Apartment / Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment Unit after the Promoter has executed / caused to be executed the deed of conveyance of the said Apartment / Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Agreement for Sale
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his its rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Unit in its own favour or in favour of their nominee Provided That in case the Allottee shall require the transfer to be made in favour of its nominee then the Allottee shall be bound to pay to the Promoter a nomination fee/ charge equivalent to 3%(Three percent) of the total consideration and similar fee shall be payable for all subsequent nominations (it being clarified that for the purpose of calculating the nomination fee/ charge for subsequent nominations, the total consideration shall be the aggregate of the total consideration herein mentioned plus the nomination bargain money/ profit of the transferor/ appointer, including all interim nomination bargain moneys/ profits in cases of multiple nominations) AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to approval of the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) The Promoter or the Owners shall not be required to be a party to any nomination transfer or alienation as aforesaid and shall consent to such nomination transfer or alienation only upon being paid the fee / fee/ charge as aforesaid;
iiiii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iiiiv) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / nominee/ transferee;
ivv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s ’ obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 5 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated @ 2% of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats Total Sale Value of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- Rs. /- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- Rs. /- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- Rs. /- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee and Conveyance executed in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control management or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 4 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee Purchaser shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter Vendors first had and obtained in writing Provided That the Allottee Purchaser may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter Vendor (which consent the Promoter Vendors may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee Purchaser having made payment of the entirety of all amounts payable hereunder to the Promoter Vendors and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee Purchaser shall be liable for payment to the Promoter Vendors of a fee / charge of Rs.25,000/- calculated @Rs.100/= (Rupees twenty-five thousand onlyone hundred) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Chargeable Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter Vendors in its their absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter Vendors shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee Purchaser to be observed fulfilled and performed;
iii) The Allottee Purchaser shall have previously informed the Promoter Vendors in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee Purchaser shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee Purchaser in terms hereof and the Allottee Purchaser having duly made payment of all amounts payable hereunder and having duly complied with all the AllotteePurchaser’s obligations hereunder.
v5.1 It is clarified that any change in the control or ownership of the Purchaser (if being a Company or a partnership or an LLP) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transfereeabove conditions.
34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Partnership Agreement
RESTRICTIONS ON ALIENATION. 36.1 Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / fee/charge of Rs.25,000/- calculated @Rs. /- (Rupees twenty) only per Square Foot of the Built-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats up Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its their absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder
36.2 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 36.3 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 7 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Owners and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five Rs.55000/-(Rupees Fifityfive thousand only) for 1 BHK Type Flats2BHK type flat, Rs.50,000/- Rs.70000/- (Rupees fifty Seventy thousand only) for 2 BHK Type Flats plus study type flat and Rs.75,000/- Rs. 85000/- (Rupees seventy-five Eightyfive thousand only) for 3 BHK Type Flats 3BHK type flat or such other fee / charge as may be decided and/or mentioned hereinabove or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, alienation plus applicable GST, And G.S.T.,And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge mentioned hereinabove or as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its their absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall not be required to be a party to any nomination transfer or alienation as aforesaid and shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter Developer in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transfereeabove conditions.
34.1 34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement hereof and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Land Owner and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 Transfer of It is clarified that any change in the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall not come within the purview of such nomination / assignment / transfer and be governed by this clausesubject to the above conditions.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 4 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement by way of nomination with the prior consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter till then and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated @2% of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats the total consideration and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other in cases of subsequent nominations the said fee / charge as may shall be decided and/or made applicable from time to time calculated @2% of the total consideration thereof (i.e. the original consideration under this agreement and the profit / nomination bargain money of the transferor / appointor / nominator) AND in case so required by the Promoter or the ultimate Allottee of the said Unit, the Allottee herein shall join and also cause all intervening nominees to join in its absolute discretion for such the conveyance and other documents of transfer or alienation, plus applicable GST, as parties And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee and Conveyance executed in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control management or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession 19.1 Neither Participant (the "Transferor") will transfer, convey, assign, mortgage or grant an option in respect of or grant a right to purchase or in any manner transfer or alienate or agree to transfer or alienate (all of which are collectively referred to in this section 19 as a "Transfer") any or all of its Interest, its Royalty Interest or its rights under this agreement, except as provided in this section 19.
19.2 No Transfer of a Participant's Interest or Royalty Interest or rights under this agreement will be effective unless the Transferor has given notice of the said Unit Transfer as required by subsection 19.4, is not in default of any term or provision of this agreement at the time of Transfer and until any proposed assignee, transferee, purchaser, grantee or encumbrancer of such Interest, Royalty Interest or rights under this agreement ("Transferee") has executed and delivered to the remaining Participant an agreement in form and substance satisfactory to counsel for the remaining Participant, related to this agreement, containing:
(a) a covenant by such Transferee with the remaining Participant to perform all of the obligations of the Transferor to be performed under this agreement in respect of the Interest or rights under this agreement to be received by the Transferee; and
(b) a provision subjecting any further Transfer of such Interest or rights under this agreement to the provisions of this section 19, and, unless consented to by the remaining Participant (which consent may be given subject to reasonable conditions for the protection of the remaining Participant) , the Transferor will remain liable for the performance of all obligations assumed by the Transferee in default of the performance thereof by the Transferee. No transfer permitted by this section 19 will relieve the transferor of any liability, whether accruing before or after such Transfer, which arises out of operations conducted prior to such Transfer.
19.3 No holder of a Royalty Interest will Transfer any of its Royalty Interest except:
(a) in accordance with this section 19;
(b) pursuant to a binding agreement in writing; and
(c) as a single transaction not directly or indirectly part of some other sale or purchase or agreement for any additional consideration of any nature whatsoever.
19.4 Any Participant (in this section called the "Offeror") intending to Transfer its Interest or Royalty Interest will first give notice to the other Participant of such intention together with the terms and conditions on which the Offeror intends to Transfer its Interest or Royalty Interest.
19.5 If any Participant (in this section also called the "Offeror") receives any offer to Transfer its Interest or Royalty Interest which it intends to accept, the Offeror will not accept the same unless and until the Offeror has first offered to Transfer its Interest or Royalty Interest to the other Participant (in this section called the "Offeree") on the same terms and conditions as in the offer received and the same has not been accepted by the Offeree in accordance with subsection 19.6.
19.6 Any communication of an intention to sell pursuant to subsections 19.4 or 19.5 (the "Offer" for the purposes of this section 19 only) will be delivered in accordance with section 23 and will:
(a) set out fully and clearly all of the terms and conditions of any intended Transfer together with confirmation that the consideration is cash only;
(b) if it is made pursuant to subsection 19.4, include a photocopy of the Offer and clearly identify the offering party and include such information as is known by the Offeror about such offering party, and such communication will be deemed to constitute an Offer by the Offeror to the Offeree to Transfer the Offeror's Interest or Royalty Interest to the Offeree on the terms and conditions set out in such Offer.
19.7 Any Offer made as contemplated in subsection 19.5 will be open for acceptance by the Offeree for a period of 60 days from the date of receipt of the Offer by the Offeree.
19.8 If the Offeree accepts the Offer within the required time such acceptance will constitute a binding agreement between the Offeror and the Offeree to Transfer the Interest or Royalty Interest on the terms and conditions set out in such Offer.
19.9 If the Offeree does not accept the Offer within the required time the Offeror may complete a Transfer of the Interest or Royalty Interest on exactly the same terms and conditions set out in the Offer and, where applicable, only to the party making the original offer to the Offeror as contemplated in subsection 19.4, and in any event such Transfer must be completed within 60 days from the expiration of the right of the Offeree to accept such Offer or the Offeror must again comply with the provisions of this section with respect to the Interest or Royalty Interest.
19.10 While any Offer is outstanding no other Offer may be made until the first mentioned Offer is disposed of and any sale resulting therefrom completed in accordance with the provisions of this section 19.
19.11 In the event of a Transfer of less than all of a Participant's Interest after which the transferring Participant retains an Interest, it and its transferee shall be treated as one Participant.
19.12 If the Transfer is the grant of a security interest by mortgage, deed of trust, pledge, lien or other encumbrance of the Interest or Royalty Interest of a Participant to secure a loan or other indebtedness, such security interest shall be subordinate to the terms of this agreement and execution the rights and registration interests of the Sale Deed other Participant hereunder. Upon any foreclosure or other enforcement of rights in the security interest the acquiring third party shall be deemed to be executed in pursuance hereof, have assumed the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing position of the Promoter first had encumbering Participant with respect to this agreement and obtained Provided That the Allottee may nominate transfer other Participant, and it shall comply with and be bound by the terms and conditions of this agreement.
19.13 If a sale or alienate the said Apartment other commitment or his rights under this Agreement with the consent in writing disposition of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months Product or proceeds from the date hereof (“Lock-sale of Product by a Participant upon distribution to it pursuant to section 15 creates in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being a third party a security interest in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats Product or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent proceeds therefrom prior to such nomination transfer distribution, such sales, commitment or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation disposition shall be subject to the terms and conditions agreements of this agreement.
19.14 Each Participant agrees that its failure to comply with the restrictions set out in this section 19 would constitute an injury and covenants contained hereunder damage to the other Participant impossible to measure monetarily and, in the event of any such failure the other Participant will, in addition and on the part of the Allottee without prejudice to be observed fulfilled any other rights and performed;
iii) The Allottee shall have previously informed the Promoter remedies at law or in writing of the full particulars of such nominee / transferee;
iv) Under no circumstancesequity, the Allottee shall be entitled to let out injunctive relief restraining or enjoining any Transfer of its Interest or Royalty Interest, save in accordance with the said Apartment before possession provisions of this section, and a Participant intending to make a Transfer or making a Transfer contrary to the provisions of this section hereby waives any defence it might have in law to such injunctive relief.
19.15 If the Managing Operator Transfers its Interest or its rights under this agreement to a third party which is not an Associated Company of the said Apartment Managing Operator, its right to be Managing Operator under this agreement will be included in such Transfer only if, in the opinion of the Management Committee expressed in a resolution, the third party is delivered to capable of assuming and performing the Allottee in terms hereof duties and obligations of the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunderManaging Operator imposed under this agreement.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due 19.16 A Participant may transfer it Interest or Royalty Interest to aforesaid transfer / nomination / alienation shall be payable by an Affiliate without the Allottee or its transferee.
34.1 Transfer consent of the said Apartment after other Participant but otherwise in compliance with this section 19 provided that the Promoter has executed / caused to be executed Transferor remains principally liable for the deed of conveyance obligations of the said Unit in favour of the Allottee shall not be governed by Affiliate under this clauseagreement.
Appears in 1 contract
Samples: Joint Venture Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 24 (twelvetwenty-four) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- Rs.5,00,000/= (Rupees twenty-five thousand lacs only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Conveyance/Sale Deed
RESTRICTIONS ON ALIENATION. 34.1 Before taking actual physical possession of the said Unit in terms of this agreement clause 7 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter Promoters first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter Promoters (which consent the Promoter Promoters may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter Promoters and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter Promoters of a fee / charge of Rs.25,000/- calculated @Rs.100/= (Rupees twenty-five thousand onlyone hundred) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Chargeable Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter Promoters in its their absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter Promoters shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter Promoters in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transfereeabove conditions.
34.1 34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 5 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- calculated @Rs. (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Carpet Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder xxxxxxxxx and having duly complied with all the Allottee’s Allottee‟s obligations hereunder.
v34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / shall come within the purview of such nomination / alienation shall assignment / transfer and be payable by subject to the Allottee or its transfereeabove conditions.
34.1 34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or Flatsor such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before After Lock- in Period (as defined below) and before taking actual physical possession of the said Unit Apartment in terms of this agreement clause 4 hereinabove and execution and registration of the Sale Conveyance Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement by way of nomination with the prior consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter till then and not being in default in observance of his obligations under this Agreement Provided Further That further that the Allottee shall be liable for payment to the Promoter of a fee / fee/charge calculated @ Rs. 2% of Rs.25,000/- the Total Price (Rupees twenty-five thousand onlyi.e.-Total price +plus applicable taxes) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats as and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time by way of nomination fees to time the Promoter AND in case so required by the Promoter or the ultimate Allottee of the Apartment, the Allottee herein shall join and also cause all intervening nominees to join in its absolute discretion for such the conveyance and other documents of transfer or alienationas confirming parties, plus applicable GST, And Subject Nevertheless To subject nevertheless to the following terms and conditions:
ia. The Allottee cannot nominate in favour of any third party before the expiry of a period of 12 months (“Lock-in Period”) from the date of this Agreement.
b. The Promoter shall may grant its consent to for such nomination nomination, transfer or alienation only upon being paid the fee / fee/charge as aforesaid;.
ii) c. Any such nomination assignment transfer or alienation shall be subject to the terms conditions terms, conditions, agreements and covenants contained hereunder and on the part of the Allottee to be observed observed, fulfilled and performed;.
iii) d. The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / nominee/transferee;.
iv) e. Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee and Conveyance executed in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) f. All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / transfer/nomination/alienation shall be payable by the Allottee or its transferee.
34.1 . It is clarified that any change in the control of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination/assignment/transfer and be subject to the above conditions. It is further clarified that inclusion of a new joint allottee or change of joint allottee shall be treated as nomination. However, nomination fees shall not be payable in case of nomination in favour of parents, spouse or children of the Allottee. Provided that the Transfer of the said Apartment after the Promoter has executed / executed/caused to be executed the deed of conveyance of the said Unit Apartment in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. 34.1 Before taking actual physical possession of the said Unit in terms of this agreement clause 7 hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and been obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Land Owners and not being in default in observance of his his/her/its obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge calculated @2% of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats Total Price paid/payable by the Allottee + GST of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) 34.1.1 The Allottee shall be entitled to have transfer of the said Unit in his/her/its own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his/her/its nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) 34.1.2 Any such nomination assignment nomination, assignment, transfer or alienation shall be subject to the terms conditions terms, conditions, agreements and covenants contained hereunder herein and on the part of the Allottee to be observed fulfilled and performed;
iii) 34.1.3 The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) 34.1.4 Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) 34.1.5 All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its nominee or transferee.
34.1 34.2 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.3 Transfer of the said Apartment Unit after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
34.4 Any such nomination shall be at the risk and costs of the Allottee and/or the nominee and all stamp duty and registration charges, legal fees and charges and other outgoings as may be occasioned due to aforesaid nomination or transfer shall be payable by the Allottee or its nominee. Any tax, duty, imposition or levy including Income Tax or Goods and Service Tax arising due to any nomination by the Allottee shall be payable by the Allottee or its transferee but the Owner or the Promoter shall have no liability in respect thereof and in case any tax is demanded from the Owner or the Promoter or to which the Owner or the Promoter are likely to become liable owing to any such nomination or related transactions, the same shall be payable by the Allottee in advance to the Owner and/or the Promoter and the Promoter may not give any consent to any such nomination or transfer without the receipt of such payment.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. 34.1 Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter Promoters first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter Promoters (which consent the Promoter Promoters may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter Promoters and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter Promoters of a fee / charge of Rs.25,000/- calculated @Rs. 100 (Rupees twenty-five thousand onlyOne Hundred) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats only per Square Foot of the Chargeable Area of the said Unit or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter Promoters in its their absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter Promoters shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter Promoters in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder
34.1 It is clarified that any change in Allottee's control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained , Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats Rs.50 per square feet or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s Allottee‟s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 33.1 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement clause 7hereinabove and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment Unit or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment Unit or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and/or the Owners and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats Rs. or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, alienation And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the said Unit in his own favour or in favour of his nominee Provided That in case the Allottee shall require the transfer to be made in favour of his nominee then the Allottee shall be bound to pay to the Promoter shall consent to such nomination transfer or alienation only upon being paid the a fee / charge as aforesaidshall be made applicable by the Promoter from time to time and similar fee shall be payable for all subsequent nominations AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to free approval by the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment Unit before possession of the said Apartment Unit is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 . It is clarified that any change in the control or ownership of the Allottee (if being a Company or a partnership or an LLP) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions. Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement
RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit Apartment in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained in writing Provided That the Allottee may nominate transfer or alienate the said Apartment or his its rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Allottee shall be entitled to have transfer of the Apartment in its own favour or in favour of their nominee Provided That in case the Allottee shall require the transfer to be made in favour of its nominee then the Allottee shall be bound to pay to the Promoter a nomination fee/ charge equivalent to 3% (Three percent) of the Total Price and similar fee shall be payable for all subsequent nominations (it being clarified that for the purpose of calculating the nomination fee/ charge for subsequent nominations, the Total Price shall be the aggregate of the Total Price herein mentioned plus the nomination bargain money/ profit of the transferor/ appointer, including all interim nomination bargain moneys/ profits in cases of multiple nominations) AND in case so required by the Promoter or the nominee of the Allottee, the Allottee shall join and also cause all intervening nominees to join in the deed of transfer as parties. All such nominations shall be subject to approval of the Promoter who shall be entitled to refuse such approval without assigning any reason;
ii) The Promoter or the Owners shall not be required to be a party to any nomination transfer or alienation as aforesaid and shall consent to such nomination transfer or alienation only upon being paid the fee / fee/ charge as aforesaid;
iiiii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iiiiv) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / nominee/ transferee;
ivv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s ’ obligations hereunder.
vvi) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 It is clarified that any change in applicant’s control or ownership (if being a Company or a partnership or an LLP etc.) shall come within the purview of such nomination / assignment / transfer and be subject to the above conditions.
34.2 Transfer of the said Apartment after the Promoter has executed / caused to be executed the deed of conveyance of the said Unit Apartment in favour of the Allottee shall not be governed by this clause.
Appears in 1 contract
Samples: Sale Agreement