Total Price in Rupees. 3.3 It is agreed that the Developer/Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications & amenities which are part of the Apartment as mentioned in SCHEDULE D and SCHEDULE E hereto, and which are in conformity with the advertisement, prospectus etc. on the basis of which sale is effected in respect of the Apartment without the previous written consent of the Buyer as per the provisions of the Act. Provided that the Promoters may make such minor additions or alterations as may be required by the Buyer, or such minor changes or alterations as per the provisions of the Act. 3.4 The Buyer shall have the right to the Apartment as mentioned below: i) The Buyer shall have exclusive ownership of the Apartment. ii) The Buyer shall have undivided proportionate share in the Common Areas. Since the share/interest of the Buyer in the Common Areas is undivided and cannot be divided or separated, the Buyer shall use the Common Areas along with other occupants, maintenance staff, etc., without causing any inconvenience or hindrance to them. iii) That the computation of the Sale Consideration of the Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas and amenities, preferential location charges, charges for exclusive use of balcony(ies)/open terrace(s)/garden(s), locational development charges, GST paid/payable by Developer/Promoter in connection with the development/ construction of the said Building/Project, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the Common Areas along with all expenses/charges of all amenities including all charges provided herein under SCHEDULE - D, SCHEDULE - E and SCHEDULE - F. 3.5 The Buyer has understood and acknowledged that as per the Applicable Laws some services and facilities may have to be made available at a single point for utilization from thereon for both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), which would be on sharing basis and meant to be used jointly by Buyers/Owners of apartments on both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), e.g. electricity connection, water and sewerage connection, etc. (“Shared Services and Facilities”). The Shared Services and Facilities may be provided/developed on Project Lands or the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), and notwithstanding their location, all such Shared Services and Facilities would be available for use of Buyers/Owners of apartments on Project’s Lands and the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands). The Buyer shall use such Shared Services and Facilities strictly in accordance with the terms and conditions of the Deed of Conveyance, declaration to be filed under the Apartment Ownership Act, bye laws of the Association of Buyers and the Applicable Laws. 3.6 The Buyer shall be entitled TO HAVE AND TO HOLD the said Apartment hereby granted, sold, conveyed, transferred, assigned, assured or expressed or intended so to be with all rights and appurtenances belonging thereto unto and to the use of the Buyer absolutely and forever in the manner not inconsistent with his rights hereunder subject to the Buyer not committing any breach, default or violation and subject to the Buyer not creating any hindrance relating to any of the rights and/or entitlements of any other Apartment Buyer/Owners and/or the Developer/Promoter . 3.7 It is clearly understood by the Buyer that the Buyer shall at no time have the ownership or title over the Car Park Space, save and except for the exclusive right to use and occupy the same, which allotted for himself or for his visitors. It is made clear by the Developer/Promoter and the Buyer agrees that the Apartment along with covered parking shall be treated as a single indivisible Apartment for all purposes. It is agreed that the Project is an independent, self-contained project covering the Project Lands and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Buyer. It is clarified that common areas/services/facilities of the Project shall be available for use and enjoyment of all buyers of the Project. 3.8 The Developer/Promoter has paid all the outstanding payments before transferring the physical possession of the apartments to the Buyer, which it has collected from all buyers, for the payment of the outstanding payments (including land cost, ground rent, municipal or other local taxes, charges, levies etc., charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoters fail to pay all or any of the outstanding payments collected by it from the buyers or any liability, mortgage loan and interest thereon before transferring the apartments to the Buyer, the Promoters agree to be liable, even after the transfer of the property, to pay such outstanding payments and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken thereof by such authority or person.
Appears in 2 contracts
Samples: Deed of Conveyance, Deed of Conveyance
Total Price in Rupees. 3.3 It Explanation:
(i) The Total Price above includes the booking amount paid by the Allottee(s) to the Developer/Promoter towards the said Apartment and the Properties Appurtenant thereto.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the said Project payable by the Developer/Promoter, by whatever name called) upto the date of the handing over the possession of the said Apartment and the Properties Appurtenant thereto to the Purchaser/Allottee(s) and the said building/Project to the Association of Purchasers/ Allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is agreed that any change/modification in the taxes, the subsequent amount payable by the Purchaser/Allottee(s) to the Developer/Promoter shall not make be increased/reduced based on such change/modification. Provided further that if there is any additions and alterations increase in the sanctioned plans, layout plans and specifications & amenities which are part taxes after the expiry of the Apartment schedule date of completion of the said building/Project as mentioned in SCHEDULE D and SCHEDULE E hereto, and which are in conformity per registration with the advertisementAuthority, prospectus etc. on which shall include the basis extension of which sale is effected in respect of registration, if any, granted to the Apartment without said Project by the previous written consent of the Buyer Authority, as per the provisions Act, the same shall not be charged from the Purchaser(s)/ Allottee(s);
(iii) The Developer/Promoter shall periodically intimate to the Purchaser/ Allottee(s), the amount payable as stated in (i) above and the Purchaser /Allottee(s) shall make payment demanded by the Developer/Promoter within the time and in the manner specified therein. In addition, the Developer/Promoter shall provide to the Purchaser/Allottee(s) the details of the Acttaxes paid or demanded along with the Acts/Rules/ Notifications together with dates from which such taxes/levies etc. Provided that the Promoters may make such minor additions have been imposed or alterations as may be required by the Buyer, or such minor changes or alterations as per the provisions become effective;
(iv) The Total Price of the Act.
3.4 The Buyer shall have the right to the Apartment as mentioned below:
i) The Buyer shall have exclusive ownership of the said Apartment.
ii) The Buyer shall have undivided proportionate share in the Common Areas. Since the share/interest of the Buyer in the Common Areas is undivided and cannot be divided or separated, the Buyer shall use the Common Areas along with other occupants, maintenance staff, etc., without causing any inconvenience or hindrance to them.
iii) That the computation of the Sale Consideration of the Apartment Unit includes recovery of price of land, construction of common areas, not only the said Apartment but also also, the Common Areas and amenitiescommon areas, preferential location charges, charges for exclusive use of balcony(ies)/open terrace(s)/garden(s), locational internal development charges, GST paid/payable by Developer/Promoter in connection with the development/ construction of the said Building/Projectexternal development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the Common Areas along with all expenses/common areas, maintenance charges of all amenities including all charges provided herein under SCHEDULE - D, SCHEDULE - E and SCHEDULE - F.
3.5 The Buyer has understood and acknowledged that as per the Applicable Laws some services and facilities may have to be made available at a single point for utilization from thereon for both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), which would be on sharing basis and meant to be used jointly by Buyers/Owners of apartments on both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), e.g. electricity connection, water and sewerage connectionPara 1.2, etc. (“Shared Services and Facilities”). The Shared Services includes cost for providing all other facilities, amenities and Facilities may be provided/developed on Project Lands or the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), and notwithstanding their location, all such Shared Services and Facilities would be available for use of Buyers/Owners of apartments on Project’s Lands and the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands). The Buyer shall use such Shared Services and Facilities strictly in accordance with the terms and conditions of the Deed of Conveyance, declaration specification to be filed under the Apartment Ownership Act, bye laws of the Association of Buyers and the Applicable Laws.
3.6 The Buyer shall be entitled TO HAVE AND TO HOLD provided within the said Apartment and the said Building/Project.
1.3 The Total Price is escalation free, save and except increases which the Purchaser/Allottee(s) hereby grantedagrees to pay, sold, conveyed, transferred, assigned, assured or expressed or intended so due to be with all rights and appurtenances belonging thereto unto and increase on account of development charges payable to the use of the Buyer absolutely and forever in the manner not inconsistent with his rights hereunder subject to the Buyer not committing any breach, default or violation and subject to the Buyer not creating any hindrance relating to any of the rights competent authority and/or entitlements of any other Apartment Buyerincrease in charges which may be levied or imposed by the competent authority, from time to time. The Developer/Owners and/or Promoter undertakes and agrees that while raising a demand on the Purchaser/ Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Developer/Promoter shall enclose the said notification/order/rules/regulations to that effect along with the demand letter being issued to the Purchaser/Allottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Purchaser/Allottee(s).
3.7 1.4 The Purchaser/Allottee(s) shall make the entire payment as per the payment plan as set out in “SCHEDULE C” i.e. PAYMENT PLAN.
1.5 The Developer/Promoter may allow, in its sole discretion, a rebate for early payments of instalments payable by the Purchaser/Allottee(s) by discounting such early payments @ per annum or any other rate as think fit and proper for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to the Purchaser/Allottee(s) by the Developer/Promoter.
1.6 It is clearly understood agreed that the Developer/Promoter shall not make any addition and alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at “SCHEDULE D” and “SCHEDULE E” (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the said Apartment/Building and the said Project, as the case may be, without the previous written consent of the Purchaser/Allottee(s) as per the provisions of the Act. Provided that the Developer/Promoter may make such minor additions or alterations as may be required by the Buyer Purchaser/ Allottee(s), or such other minor changes or addition or alterations as per the provisions of the Act.
1.7 [Applicable in case of an Apartment] The Developer/Promoter shall confirm to the final carpet areas that has been allotted the Allottee(s) after in construction of the building is complete and the occupancy certificate be granted by the competent authority, by furnishing details of the charges, if any in the carpet area. The Total Price payable for the carpet area shall be recalculated upon confirmation by the Developer/ Promoter. If the there is reduction in the carpet area than the Developer/Promoter shall refund the excess money paid by Purchaser /Allottee(s) within forty-five days with annual interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by the Purchaser/Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the Apartment, allotted to the Purchaser/Allottee(s), the Developer/ Promoter may demand that from the Purchaser/Allottee(s) as per the next milestone of the Payment Plan as provided in “SCHEDULE C”. All these monetary adjustments shall be made at the same rate per square feet as agreed in Para 1.2 of this Agreement.
1.8 Subject to Para 9.3 the Developer/Promoter agreed and acknowledges, the Purchaser/Allottee(s) shall have the right to the said Apartment as mentioned below:
(i) The Purchaser/Allottee(s) shall have exclusive ownership of the said Apartment;
(ii) The Purchaser/Allottee(s) shall also have undivided proportionate share in the common areas. Since the share/interest of Purchaser /Allottee(s) in the common areas is undivided and cannot be divided or separated, the Purchaser/Allottee(s) shall use the common areas, along with other occupants and maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Buyer Developer/Promoter shall at no time have handover the ownership or title over common areas to the Car Park SpaceAssociation of Purchaser/Allottee(s) after duly obtaining the completion certificate from the competent authority as provided in the Act.
(iii) That the computation of the price of the Apartment includes recovery of price of land, save construction of, not only the Apartment but also the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and except plumbing, finishing with wall putty, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per Para 11 etc. and includes cost for providing all other facilities, amenities and specification to be provided within the exclusive said Apartment and the said Project.
(iv) The Purchaser/Allottee(s) has the right to use visit the said Project site to assess the extent of development of the said Project and occupy his/her/their Apartment, as the same, which allotted for himself or for his visitors. case may be.
1.9 It is made clear by the Developer/Promoter and the Buyer Purchaser/ Allottee(s) agrees that the said Apartment along with open/covered /multi-level parking (if applicable) shall be treated as a single indivisible Apartment unit for all purposes. It is agreed that the said Project is an independent, self-contained project Project covering the Project Lands said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except accept for the purpose of integration of infrastructure for the benefit of the BuyerPurchaser/Allottee(s). It is clarified that common areas/services/Project's facilities of the Project and amenities shall be available only for use and enjoyment of all buyers the Purchaser/Allottee(s)‟s of the said Project.
3.8 1.10 The Developer/Promoter has paid Xxxxxxxx agrees to pay all the outstanding payments outgoings/dues before transferring the physical possession of the apartments Apartment to the Buyer, Purchaser /Allottee(s) which it has collected from all buyersthe Purchaser/Allottee, for the payment of the outstanding payments outgoings/dues (including land cost, ground rent, municipal or other local taxes, charges, levies etc., charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the said Project). If the Promoters fail Developer/Promoter fails to pay all or any of the outstanding payments outgoings/dues collected by it from the buyers Purchaser/Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartments Apartment to the BuyerPurchaser/Allottee(s), the Promoters agree Developer/Promoter agrees to be liable, even after the transfer of the property, to pay such outstanding payments outgoings/dues and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken thereof therefore by such authority or person.
1.11 The Purchaser/Allottee(s) has paid a some of Rs. (Rupees /Promoter within the time and manner specified therein. Provided that if the Purchaser/Allottee(s) delays in payment towards any amount which is payable, he shall be liable to pay interest at the rate prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Total Price in Rupees. 3.3 It Explanation:
(i) The Total Price above includes the booking amount paid by the Allottee(s) to the Developer/Promoter towards the said Apartment and the Properties Appurtenant thereto.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the said Project payable by the Developer/Promoter, by whatever name called) upto the date of the handing over the possession of the said Apartment and the Properties Appurtenant thereto to the Purchaser/Allottee(s) and the said building/Project to the Association of Purchasers/ Allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is agreed that any change/modification in the taxes, the subsequent amount payable by the Purchaser/Allottee(s) to the Developer/Promoter shall not make be increased/reduced based on such change/modification. Provided further that if there is any additions and alterations increase in the sanctioned plans, layout plans and specifications & amenities which are part taxes after the expiry of the Apartment schedule date of completion of the said building/Project as mentioned in SCHEDULE D and SCHEDULE E hereto, and which are in conformity per registration with the advertisementAuthority, prospectus etc. on which shall include the basis extension of which sale is effected in respect of registration, if any, granted to the Apartment without said Project by the previous written consent of the Buyer Authority, as per the provisions Act, the same shall not be charged from the Purchaser(s)/ Allottee(s);
(iii) The Developer/Promoter shall periodically intimate to the Purchaser/ Allottee(s), the amount payable as stated in (i) above and the Purchaser /Allottee(s) shall make payment demanded by the Developer/Promoter within the time and in the manner specified therein. In addition, the Developer/Promoter shall provide to the Purchaser/Allottee(s) the details of the Acttaxes paid or demanded along with the Acts/Rules/ Notifications together with dates from which such taxes/levies etc. Provided that the Promoters may make such minor additions have been imposed or alterations as may be required by the Buyer, or such minor changes or alterations as per the provisions become effective;
(iv) The Total Price of the Act.
3.4 The Buyer shall have the right to the Apartment as mentioned below:
i) The Buyer shall have exclusive ownership of the said Apartment.
ii) The Buyer shall have undivided proportionate share in the Common Areas. Since the share/interest of the Buyer in the Common Areas is undivided and cannot be divided or separated, the Buyer shall use the Common Areas along with other occupants, maintenance staff, etc., without causing any inconvenience or hindrance to them.
iii) That the computation of the Sale Consideration of the Apartment Unit includes recovery of price of land, construction of common areas, not only the said Apartment but also also, the Common Areas and amenitiescommon areas, preferential location charges, charges for exclusive use of balcony(ies)/open terrace(s)/garden(s), locational internal development charges, GST paid/payable by Developer/Promoter in connection with the development/ construction of the said Building/Projectexternal development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the Common Areas along with all expenses/common areas, maintenance charges of all amenities including all charges provided herein under SCHEDULE - D, SCHEDULE - E and SCHEDULE - F.
3.5 The Buyer has understood and acknowledged that as per the Applicable Laws some services and facilities may have to be made available at a single point for utilization from thereon for both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), which would be on sharing basis and meant to be used jointly by Buyers/Owners of apartments on both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), e.g. electricity connection, water and sewerage connectionPara 1.2, etc. (“Shared Services and Facilities”). The Shared Services includes cost for providing all other facilities, amenities and Facilities may be provided/developed on Project Lands or the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), and notwithstanding their location, all such Shared Services and Facilities would be available for use of Buyers/Owners of apartments on Project’s Lands and the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands). The Buyer shall use such Shared Services and Facilities strictly in accordance with the terms and conditions of the Deed of Conveyance, declaration specification to be filed under the Apartment Ownership Act, bye laws of the Association of Buyers and the Applicable Laws.
3.6 The Buyer shall be entitled TO HAVE AND TO HOLD provided within the said Apartment and the said Building/Project.
1.3 The Total Price is escalation free, save and except increases which the Purchaser/Allottee(s) hereby grantedagrees to pay, sold, conveyed, transferred, assigned, assured or expressed or intended so due to be with all rights and appurtenances belonging thereto unto and increase on account of development charges payable to the use of the Buyer absolutely and forever in the manner not inconsistent with his rights hereunder subject to the Buyer not committing any breach, default or violation and subject to the Buyer not creating any hindrance relating to any of the rights competent authority and/or entitlements of any other Apartment Buyerincrease in charges which may be levied or imposed by the competent authority, from time to time. The Developer/Owners and/or Promoter undertakes and agrees that while raising a demand on the Purchaser/ Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Developer/Promoter shall enclose the said notification/order/rules/regulations to that effect along with the demand letter being issued to the Purchaser/Allottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Purchaser/Allottee(s).
3.7 1.4 The Purchaser/Allottee(s) shall make the entire payment as per the payment plan as set out in “SCHEDULE C” i.e. PAYMENT PLAN.
1.5 The Developer/Promoter may allow, in its sole discretion, a rebate for early payments of instalments payable by the Purchaser/Allottee(s) by discounting such early payments @ per annum or any other rate as think fit and proper for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to the Purchaser/Allottee(s) by the Developer/Promoter.
1.6 It is clearly understood agreed that the Developer/Promoter shall not make any addition and alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at “SCHEDULE D” and “SCHEDULE E” (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the said Apartment/Building and the said Project, as the case may be, without the previous written consent of the Purchaser/Allottee(s) as per the provisions of the Act. Provided that the Developer/Promoter may make such minor additions or alterations as may be required by the Buyer Purchaser/ Allottee(s), or such other minor changes or addition or alterations as per the provisions of the Act.
1.7 [Applicable in case of an Apartment] The Developer/Promoter shall confirm to the final carpet areas that has been allotted the Allottee(s) after in construction of the building is complete and the occupancy certificate be granted by the competent authority, by furnishing details of the charges, if any in the carpet area. The Total Price payable for the carpet area shall be recalculated upon confirmation by the Developer/ Promoter. If the there is reduction in the carpet area than the Developer/Promoter shall refund the excess money paid by Purchaser /Allottee(s) within forty-five days with annual interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by the Purchaser/Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the Apartment, allotted to the Purchaser/Allottee(s), the Developer/ Promoter may demand that from the Purchaser/Allottee(s) as per the next milestone of the Payment Plan as provided in “SCHEDULE C”. All these monetary adjustments shall be made at the same rate per square feet as agreed in Para 1.2 of this Agreement.
1.8 Subject to Para 9.3 the Developer/Promoter agreed and acknowledges, the Purchaser/Allottee(s) shall have the right to the said Apartment as mentioned below:
(i) The Purchaser/Allottee(s) shall have exclusive ownership of the said Apartment;
(ii) The Purchaser/Allottee(s) shall also have undivided proportionate share in the common areas. Since the share/interest of Purchaser /Allottee(s) in the common areas is undivided and cannot be divided or separated, the Purchaser/Allottee(s) shall use the common areas, along with other occupants and maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Buyer Developer/Promoter shall at no time have handover the ownership or title over common areas to the Car Park SpaceAssociation of Purchaser/Allottee(s) after duly obtaining the completion certificate from the competent authority as provided in the Act.
(iii) That the computation of the price of the Apartment includes recovery of price of land, save construction of, not only the Apartment but also the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and except plumbing, finishing with wall putty, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per Para 11 etc. and includes cost for providing all other facilities, amenities and specification to be provided within the exclusive said Apartment and the said Project.
(iv) The Purchaser/Allottee(s) has the right to use visit the said Project site to assess the extent of development of the said Project and occupy his/her/their Apartment, as the same, which allotted for himself or for his visitors. case may be.
1.9 It is made clear by the Developer/Promoter and the Buyer Purchaser/ Allottee(s) agrees that the said Apartment along with open/covered /multi-level parking (if applicable) shall be treated as a single indivisible Apartment unit for all purposes. It is agreed that the said Project is an independent, self-contained project Project covering the Project Lands said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except accept for the purpose of integration of infrastructure for the benefit of the BuyerPurchaser/Allottee(s). It is clarified that common areas/services/Project's facilities of the Project and amenities shall be available only for use and enjoyment of all buyers the Purchaser/Allottee(s)’s of the said Project.
3.8 1.10 The Developer/Promoter has paid Xxxxxxxx agrees to pay all the outstanding payments outgoings/dues before transferring the physical possession of the apartments Apartment to the Buyer, Purchaser /Allottee(s) which it has collected from all buyersthe Purchaser/Allottee, for the payment of the outstanding payments outgoings/dues (including land cost, ground rent, municipal or other local taxes, charges, levies etc., charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the said Project). If the Promoters fail Developer/Promoter fails to pay all or any of the outstanding payments outgoings/dues collected by it from the buyers Purchaser/Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartments Apartment to the BuyerPurchaser/Allottee(s), the Promoters agree Developer/Promoter agrees to be liable, even after the transfer of the property, to pay such outstanding payments outgoings/dues and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken thereof therefore by such authority or person.
1.11 The Purchaser/Allottee(s) has paid a some of Rs. (Rupees /Promoter within the time and manner specified therein. Provided that if the Purchaser/Allottee(s) delays in payment towards any amount which is payable, he shall be liable to pay interest at the rate prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Total Price in Rupees. 3.3 It Explanation:
(i) The Total Price above includes the booking amount paid by the Allottee(s) to the Owner/Vendor/Promoter towards the said Apartment.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the said Project payable by the Owner/Vendor/Promoter, by whatever name called) upto the date of the handing over the possession of the said Apartment to the Allottee(s) and the said Project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is agreed any change/modification in the taxes, the subsequent amount payable by the Allottee(s) to the Owner/Vendor/ Promoter shall be increased/reduced based on such change/ modification. Provided further that if there is any increase in the Developertaxes after the expiry of the schedule date of completion of the said Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Allottee(s);
(iii) The Owner/Vendor/Promoter shall not periodically intimate to the Allottee(s), the amount payable as stated in (i) above and the Allottee(s) shall make any additions payment demanded by the Owner/Vendor/Promoter within the time and alterations in the sanctioned plansmanner specified therein. In addition, layout plans and specifications & amenities which are part the Owner/Vendor/Promoter shall provide to the Allottee(s) the details of the Apartment as mentioned in SCHEDULE D and SCHEDULE E hereto, and which are in conformity taxes paid or demanded along with the advertisement, prospectus Acts/rules/notifications together with dates from which such taxes/levies etc. on the basis of which sale is effected in respect have been imposed or become effective;
(iv) The Total Price of the Apartment without the previous written consent of the Buyer as per the provisions of the Act. Provided that the Promoters may make such minor additions or alterations as may be required by the Buyer, or such minor changes or alterations as per the provisions of the Act.
3.4 The Buyer shall have the right to the Apartment as mentioned below:
i) The Buyer shall have exclusive ownership of the Apartment.
ii) The Buyer shall have undivided proportionate share in the Common Areas. Since the share/interest of the Buyer in the Common Areas is undivided and cannot be divided or separated, the Buyer shall use the Common Areas along with other occupants, maintenance staff, etc., without causing any inconvenience or hindrance to them.
iii) That the computation of the Sale Consideration of the said Apartment includes recovery of price of land, construction of of, not only the said Apartment but also also, the Common Areas and amenitiescommon areas, preferential location charges, charges for exclusive use of balcony(ies)/open terrace(s)/garden(s), locational internal development charges, GST paid/payable by Developer/Promoter in connection with the development/ construction of the said Building/Projectexternal development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the Common Areas common areas, maintenance charges as per Clause 11, etc. and includes cost for providing all other facilities, amenities and specification to be provided within the said Apartment and the said Project and parking (if any) as provided in the Agreement.
(v) The Allottee(s) has been made aware that as required by the provisions of Sec 13 of the Act, this Agreement is required to be registered.
(vi) The Allottee(s) acknowledges that the Total Price has been agreed between the parties taking into account the effect and benefits of the input tax credit under the applicable laws.
1.3 The Total Price is escalation free, save and except increases which the Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority, from time to time. The Owner/Vendor/ Promoter undertakes and agrees that while raising a demand on the Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Owner/Vendor/Promoter shall enclose the said notification/order/rules/regulations to that effect along with all expenses/the demand letter being issued to the Allottee(s), which shall only be applicable on subsequent payments: Provided that if there is any new imposition or increase of any development charges after the expiry of all amenities including all charges provided herein under SCHEDULE - Dthe scheduled date of completion of the project as per registration with the Authority, SCHEDULE - E and SCHEDULE - F.
3.5 The Buyer has understood and acknowledged that which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Applicable Laws some services Act, the same shall not be charged from the Allottee(s).
1.4 The Allottee(s) shall make the payment as per the payment plan set out in “Schedule B” (Payment Plan), “Schedule E” (Cost Of Maintenance) and “Schedule F” (Other Charges).
1.5 The Owner/Vendor/Promoter may allow, in its sole discretion, a rebate for early payments of instalments payable by the Purchaser(s)/ Allottee(s) by discounting such early payments @ per annum or any other rate as think fit and proper for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to the Allottee(s) by the Owner/Vendor/Promoter.
1.6 It is agreed that the Owner/Vendor/Promoter shall not make any addition and alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at “Schedule C” and “Schedule D” (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the said Apartment/Building and the said Project, as the case may be, without the previous written consent of the Allottee(s) as per the provisions of the Act: Provided that the Owner/Vendor/Promoter may make such minor additions or alterations as may be required by the Allottee(s), or such other minor changes or addition or alterations as per the provisions of the Act.
1.7 The Owner/Vendor/Promoter shall confirm to the final carpet areas that has been allotted the Allottee(s) after in construction of the building is complete and the occupancy certificate be granted by the competent authority, by furnishing details of the charges, if any in the carpet area. The Total Price payable for the carpet area shall be recalculated upon confirmation by the Owner/Vendor/Promoter. If the there is reduction in the carpet area than the Owner/Vendor/Promoter shall refund the excess money paid by Allottee(s) within forty-five days with annual interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by the Allottee(s). If there is any increase in the carpet area, which is not more than three percent of the carpet area of the Apartment, allotted to the Allottee(s), the Owner/Vendor/ Promoter may demand that from the Allottee(s) as per the next milestone of the Payment Plan as provided in Schedule D. All these monetary adjustments shall be made at the same rate per square feet as agreed in Para 1.2 of this Agreement.
1.8 Subject to Para 9.3 the Owner/Vendor/Xxxxxxxx agreed and acknowledges, the Allottee(s) shall have the right to the said Apartment as mentioned below:
(i) The Allottee(s) shall have exclusive ownership of the said Apartment;
(ii) The Allottee(s) shall also have undivided proportionate share in the common areas. Since the share/interest of Allottee(s) in the common areas is undivided and cannot be divided or separated, the Allottee(s) shall use the common areas, along with other occupants and maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Owner/Vendor/Promoter shall handover the common areas to the association of Allottee(s) after duly obtaining the completion certificate from the competent authority as provided in the Act.
(iii) Further, the right of the Allottee(s) to use the common areas/ common parts and facilities may have shall always be subject to be made available at a single point for utilization from thereon for both Project’s Lands the timely payment of maintenance charges and Other Lands (or on other charges as time to time applicable. It is clarified that the lands resulting from Owner/Vendor/Promoter shall convey undivided proportionate title in the exchange/merger with the Other Lands), which would be on sharing basis common areas/ common parts and meant facilities to be used jointly by Buyers/Owners of apartments on both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), e.g. electricity connection, water and sewerage connection, etc. (“Shared Services and Facilities”). The Shared Services and Facilities may be provided/developed on Project Lands or the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), and notwithstanding their location, all such Shared Services and Facilities would be available for use of Buyers/Owners of apartments on Project’s Lands and the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands). The Buyer shall use such Shared Services and Facilities strictly in accordance with the terms and conditions of the Deed of Conveyance, declaration to be filed under the Apartment Ownership Act, bye laws of the Association of Buyers Allottee(s) as provided in the Act and the Applicable Lawsproportionate share of the Allottee(s) in the land and also in the common areas/ common parts and facilities will always be variable.
3.6 (iv) The Buyer shall be entitled TO HAVE AND TO HOLD allottee(s) of the apartments of each of the buildings within the said Apartment hereby grantedProject/Complex shall use in common with other allottee(s), sold, conveyed, transferred, assigned, assured or expressed or intended so to be the common areas/ common parts and facilities of the Project/Complex together with all easements, rights and appurtenances belonging thereto unto and thereto.
(v) That the computation of the price of the Apartment includes recovery of price of land, construction of, not only the Apartment but also the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the use Apartment, lift, water line and plumbing, finishing with wall putty, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per Para 11 etc. and includes cost for providing all other facilities, amenities and specification to be provided within the said Apartment and the said Project;
(vi) The Allottee(s) has the right to visit the said Project site to assess the extent of development of the Buyer absolutely said Project and forever in the manner not inconsistent with his rights hereunder subject to the Buyer not committing any breach, default or violation and subject to the Buyer not creating any hindrance relating to any of the rights and/or entitlements of any other Apartment Buyerhis/Owners and/or the Developerher/Promoter their said Apartment.
3.7 It is clearly understood by the Buyer that the Buyer shall at no time have the ownership or title over the Car Park Space, save and except for the exclusive right to use and occupy the same, which allotted for himself or for his visitors. 1.9 It is made clear by the DeveloperOwner/Vendor/Promoter and the Buyer Allottee(s) agrees that the said Apartment along with the garage open/covered parking (if applicable) shall be treated as a single indivisible Apartment unit for all purposes. It is agreed that the said Project is an independent, self-self- contained project Project covering the Project Lands said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except accept for the purpose of integration of infrastructure for the benefit of the BuyerAllottee(s). It is clarified that common areas/services/Project's facilities of the Project and amenities shall be available only for use and enjoyment of all buyers the Allottee(s) of the said Project.
3.8 1.10 The DeveloperOwner/Vendor/Promoter shall be entitled to obtain any finance or loan from the banks, financial institutions or from other sources against the said Project and/or Complex and to offer the said land and/or land in the Project/Complex along with the construction thereon or any part thereof as security (including by way of a mortgage or charge) to any credit/financial institution, bank or other person/body, who has paid advanced or may advance credit, finance or loans to the Owner/Vendor/ Promoter and which does not in any way affect the right of the Allottee(s) in respect of his Apartment/Flat in the said Project.
1.11 The Owner/Vendor/Promoter agrees to pay all the outstanding payments outgoings/dues before transferring the physical possession of the apartments Apartment to the Buyer, Allottee(s) which it has collected from all buyersthe Allottee(s), for the payment of the outstanding payments outgoings/dues (including land cost, ground rent, municipal or other local taxes, charges, levies etc., charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the said Project). If the Promoters fail Owner/Vendor/Promoter fails to pay all or any of the outstanding payments outgoings/dues collected by it from the buyers Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartments Apartment to the BuyerAllottee(s), the Promoters agree Owner/ Vendor/Promoter agrees to be liable, even after the transfer of the property, to pay such outstanding payments outgoings/ dues and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken thereof therefore by such authority or person.
1.12 The Allottee(s) has paid a some of Rs. (Rupees only) as booking amount being part payment towards the Total Price of the said Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee(s) hereby agrees to pay the remaining price of the Apartment as prescribed in the payment plan as mentioned in Schedule B hereunder and as may be demanded by the Owner/Vendor/Promoter within the time and manner specified therein. Provided that if the Allottee(s) delays in payment towards any amount which is payable, he shall be liable to pay interest at the rate prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Total Price in Rupees. 3.3 C. It is agreed that the Developer/Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications & amenities which are part of the Apartment as mentioned in SCHEDULE D and SCHEDULE E hereto, and which are in conformity with the advertisement, prospectus etc. on the basis of which sale is effected in respect of the Apartment without the previous written consent of the Buyer as per the provisions of the Act. Provided that the Promoters may make such minor additions or alterations as may be required by the Buyer, or such minor changes or alterations as per the provisions of the Act.
3.4 D. The Buyer shall have the right to the Apartment as mentioned below:
i) The Buyer shall have exclusive ownership of the Apartment.
ii) The Buyer shall have undivided proportionate share in the Common Areas. Since the share/interest of the Buyer in the Common Areas is undivided and cannot be divided or separated, the Buyer shall use the Common Areas along with other occupants, maintenance staff, etc., without causing any inconvenience or hindrance to them.
iii) That the computation of the Sale Consideration of the Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas and amenities, preferential location charges, charges for exclusive use of balcony(ies)/open terrace(s)/garden(s), locational development charges, GST paid/payable by Developer/Promoter in connection with the development/ construction of the said Building/Project, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting firefighting equipment in the Common Areas along with all expenses/charges of all amenities including all charges provided herein under SCHEDULE - D, SCHEDULE - E and SCHEDULE - F.
3.5 B. The Buyer has understood and acknowledged that as per the Applicable Laws some services and facilities may have to be made available at a single point for utilization from thereon for both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), which would be on sharing basis and meant to be used jointly by Buyers/Owners of apartments on both Project’s Lands and Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), e.g. electricity connection, water and sewerage connection, etc. (“Shared Services and Facilities”). The Shared Services and Facilities may be provided/developed on Project Lands or the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands), and notwithstanding their location, all such Shared Services and Facilities would be available for use of Buyers/Owners of apartments on Project’s Lands and the Other Lands (or on the lands resulting from the exchange/merger with the Other Lands). The Buyer shall use such Shared Services and Facilities strictly in accordance with the terms and conditions of the Deed of Conveyance, declaration to be filed under the Apartment Ownership Act, bye laws of the Association of Buyers and the Applicable Laws.
3.6 C. The Buyer shall be entitled TO HAVE AND TO HOLD the said Apartment hereby granted, sold, conveyed, transferred, assigned, assured or expressed or intended so to be with all rights and appurtenances belonging thereto unto and to the use of the Buyer absolutely and forever in the manner not inconsistent with his rights hereunder subject to the Buyer not committing any breach, default or violation and subject to the Buyer not creating any hindrance relating to any of the rights and/or entitlements of any other Apartment Buyer/Owners and/or the Developer/Promoter .
3.7 D. It is clearly understood by the Buyer that the Buyer shall at no time have the ownership or title over the Car Park Space, save and except for the exclusive right to use and occupy the same, which allotted for himself or for his visitors. It is made clear by the Developer/Promoter and the Buyer agrees that the Apartment along with covered parking shall be treated as a single indivisible Apartment for all purposes. It is agreed that the Project is an independent, self-self- contained project covering the Project Lands and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Buyer. It is clarified that common areas/services/facilities of the Project shall be available for use and enjoyment of all buyers of the Project.
3.8 E. The Developer/Promoter has paid all the outstanding payments before transferring the physical possession of the apartments to the Buyer, which it has collected from all buyers, for the payment of the outstanding payments (including land cost, ground rent, municipal or other local taxes, charges, levies etc., charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the Project). If the Promoters fail to pay all or any of the outstanding payments collected by it from the buyers or any liability, mortgage loan and interest thereon before transferring the apartments to the Buyer, the Promoters agree to be liable, even after the transfer of the property, to pay such outstanding payments and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken thereof by such authority or person.
Appears in 1 contract
Samples: Deed of Agreement