Upload
rajibmukherjeek
View
233
Download
0
Embed Size (px)
Citation preview
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
1/38
AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE is made on ................ day of ............................,
Two Thousand Fourteen (2014).
BETWEEN
BALDEO BUSINESS CENTER [PAN NO. ..............................], a Partnership firm,
constituted under a deed of partnership dated 1st day of April, 200, ha!in" its place
of #usiness at $%, &ri Ara#inda &arani, 'olata, respresented #y its Partners namely
GYANESHWAR PRASAD AGARWAL, AKSHAY KUMAR AGARWAL, JAI
KRISHNA AGARWAL & SHEELA AGARWAL, hereinafter called and referred to
as the OWNER/VENDOR(which term or epression shall unless ecluded #y or
repu"nant to the su#*ect or contet #e deemed to mean and include its successor
and+or successors in office+interest and assi"ns) of the ONE PART.
AND
1. ............................................. PA- -. .........................../, son+wife+dau"hter
of ........................................................................, #y faith ................., #y
occupation ....................., #y nationality ndian, residin"
at ..........................................................................................................................
.......................................................................................................................
2. ............................................. PA- -. .........................../, son+wife+dau"hter
of ........................................................................, #y faith ................., #y
occupation ....................., #y nationality ndian, residin"
at ..........................................................................................................................
.......................................................................................................................,
hereinafter called and referred to as the PURCHASER/S (which term or
1
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
2/38
epression shall unless ecluded #y or repu"nant to the contet #e deemed to
mean and include his+her heirs, eecutor(s), administrator(s), le"al
representati!e(s) and assi"n(s)) of the OTHER PART.
WHEREAS !
A) P.. 3TT5 6 3PA-7 P58AT 93T: (2) 3A9A7 ';3A5
3TT5 (une, 2010 (hereinafter referred to as the
:89P3-T A?53-T) entered into #etween the present wner
alon"with other owners referred a#o!e and the 'hetawat Towers P!t. 9td.,
ha!in" its 5e"istered ffice at 1A, &arat =ose 5oad, 'olata 00 020,
:e!eloper therein, the wners ha!e "ranted the eclusi!e ri"ht of de!eloper in
respect of the said Property unto and in fa!our of the said :e!eloper for the
2
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
3/38
consideration and su#*ect to the terms and conditions contained and recorded
in the said :e!elopment A"reement
:) =y and under the said :e!elopment A"reement it has #een a"reed #etween the
wners and the :e!eloper that in consideration of the :e!eloper ha!in"
a"reed to undertae de!elopment of the said property the :e!eloper shall #e
entitled to 0H of the total constructed area formin" part of the Bousin"
Pro*ect to comprise of !arious flats units apartments and parin" spaces and
to"ether with the undi!ided proportionate share in all common parts portions
areas facilities and amenities and to"ether with the undi!ided proportionate
share in the land comprised in the said property attri#uta#le thereto
(hereinafter referred to as the :89P5& A99AT-) and that the
remainin"
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
4/38
?) The :e!eloper has already commenced the wor of construction of the said
Bousin" Pro*ect to #e commonly nown as C5ameswara Dater 8iewE.
B) n accordance with the said :e!elopment A"reement dated 11.0$.2010 and in
accordance with final allotment of the units, the said :e!eloper handed o!er
A99 TBAT piece and parcel of one independent residential flat, #ein" Flat -o.
I.........J on the ................ Floor of =loc -o. 2, measurin" .................. s.ft.
more or less of super #uilt up area T?TB5 DTB 1 (ne) co!ered car
space, on the ?round Floor of =loc -o. 2, measurin" .............. s.ft. more or
less of super #uilt up area, lyin" and situated in the said #uildin" comple
namely C5A3&DA5A DAT5 8DE A-: T?TB5 DTB
undi!ided proportionate share land, common common amenities, common
facilities of the said #uildin" comple (hereinafter called and referred to as the
&A: P5P5T7), to the said =aldeo =usiness enter as their wnerJs
Allocation.
) The purchaser herein has approached the present owner, =aldeo =usiness
enter for purchasin" the &A: P5P5T7 from wnerJs Allocation,
morefully descri#ed in the &econd &chedule hereunder written.
>) The present owner has accepted the proposal of the present purchaser and
a"reed to sell the &A: P5P5T7 under some terms and conditions
enumerated #elow.
') The total sale consideration for the &A: F9AT is 5s. .........................
(5upees ................................. .............................................) only K
5s. ........................... (5upees ..............................................) only per s.ft. of
super #uilt up area A-: total sale consideration for &A: A5 PA5'-?
&PA is 5s. ......................... (5upees ...................................................) only
"# $%%'%$(') *+#")'$("+# +- R. ...........................
R0'' .......................................................................1 +#23, which is accepted
and confirmed #y #oth the parties herein.
4
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
5/38
NOW THIS AGREEMENT WITNESSETH AND IT IS AGREED BY AND
BETWEEN THE PARTIES HERETO $ -+22+4!
1. A'-D9:?3-T A-: :&9A35
1.1 At or #efore enterin" into this A"reement the Purchaser ha!e fully satisfied
themsel!es as to L
i) The title and ri"ht of the wner.
ii) Ba!e inspected the said :e!elopment A"reement entered into #etween the
wners and the :e!eloper.
iii) Ba!e inspected the said Allocation A"reement+Final Allotment entered into
#etween the wner and the :e!eloper and are fully satisfied as to the ri"ht of
the wner to enter into this A"reement.
i!) Ba!e inspected the Plan sanctioned #y the authorities concerned.
!) Are fully satisfied as to the total super #uilt up area to comprise in the said
unit.
!i) Ba!e a"reed not to claim any ri"ht o!er and in respect of the other parts and
portions of the said Bousin" comple includin" the roof unless epressly
permitted or conferred upon the Purchaser.
!ii) And ha!e a"reed not to raise any o#*ections whatsoe!er or howsoe!er.
ARTICLE II 5 DEFINITIONS
n these presents unless there is anythin" in the su#*ect or contet inconsistent with
the followin" epression shall ha!e the meanin" assi"ned a"ainst them as followsL
2.1 ARCHITECTshall mean architects appointed #y the :e!eloper.
2.2 BUILDINGSshall mean the -ew =uildin"s in which the Flat intended to #e
acuired #y the Purchaser is situated and to #e constructed in accordance with
the plan sanctioned #y the authorities concerned with such !ariations or
alteration as may #e permitted.
%
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
6/38
2.< PARKING SPACE shall mean All that the 1 (ne) co!ered ar Parin"
&pace lyin" at the "round floor of the said -ew =uildin"s.
2.4 COMMON PURPOSEshall mean and include the purpose of maintainin"
the said Bousin" omple includin" the said -ew =uildin"s in which the said
Flat intended to #e acuired #y the Purchaser and in particular the common
parts and meetin" of the common epenses and matters relatin" to mutual
ri"hts and o#li"ations of the owner of !arious Flats and common use and
en*oyment thereof.
2.% COMMON E6PENSES/THE MAINTENANCE E6PENSES shall mean
the proportionate share of common epenses to #e paid #orne and contri#uted
#y the intendin" Purchaser for rendition of common ser!ices #riefly descri#ed
and without limitation is in &MTB &B:;9 hereunder written.
2.$ COMMON PARTS AND PORTIONS shall mean and include lo##ies,
staircases, passa"e ways, 9iftshafts, su#station, pump rooms, machine room,
water tan, "enerator room, and other facilities whatsoe!er reuired for
maintenance and+or mana"ement of the housin" comple to #e determined #y
the :e!eloper, which is more fully and particularly descri#ed in the TB5:
&B:;9 hereunder written.
2. COMMON FACILITIES shall mean the facilities which shall remain
common for all the owners and+or occupiers of the said housin" comple for
#eneficial use and en*oyment of respecti!e Flats+;nit.
2.@ HOUSING COMPLE6shall mean the !arious -ew =uildin"s and+or #locs
to #e constructed #y the de!eloper on the said property ha!in" se!eral self
contained flats, units, apartments and parin" spaces reser!ed for a particular
#uildin".
2. PLAN the =uildin"s plan sanctioned #y ?ram Panchayat, =ishnupur ,
5a*arhat dated 04+01+2011 and shall include all such modifications or
$
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
7/38
!ariations as may #e made #y the de!eloper from time to time with prior
sanction from the authorities concerned.
2.10 PARKING SPACESshall mean the spaces which are specifically desi"nated
in a particular #uildin"s+#loc for the purpose of parin" of cars and+or two
wheelers and the remainin" area shall a#solutely !est and+or #elon" to the
&eller to"ether with the ri"ht to sell transfer and+or "rant use thereof to any
person and+or person as the de!eloper in its a#solute discretion may deem fit
and proper.
2.11 PURCHASERS1shall mean the present purchaser+s and her+her heirs, le"al
representati!es, eecutors administrators and assi"ns.
2.12 OWNER/VENDOR shall mean the present wner+8endor and shall include
its successor and+or successors in office+interest and assi"ns.
2.1< SERVICE INSTALLATIONS shall mean sewers, drains, channels, pipes,
water courses, "utters, main wires ca#les, conduits, aerials, tans, and soa
ways and any other apparatus for the supply of water electricity or telephone
and for the disposal of foul or surface water.
2.14 SINKING/RESERVE FUND At or #efore enterin" into this a"reement it
has #een epressly communicated to the Purchaser that the said -ew
=uildin"s to form part of the said Bousin" omple is to #e ept and retained
as a decent residential comple in the city of 'olata (5a*arhat) and as such to
a!oid any contro!ersy in future and also for ensurin" proper maintenance and
upeep of the -ew =uildin"s and+or Bousin" omple continues it has #een
a"reed that the Purchaser shall eep in deposit with the :e!eloper an amount
as may #e determined #y the said :e!eloper in its a#solute discretion towards
&inin"+5eser!e Fund which shall #e held free of interest #y the :e!eloper
and upon the formation of the &ociety+Association+ Boldin"
r"anisation+&yndicate (B9:-? 5?A-&AT-) made o!er to the
Boldin" r"anisation who shall #e entitled to in!est the same in such
securities and in such manner as the Boldin" r"anisation may thin fit and
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
8/38
apply the income for the purpose of meetin" the epenses which may #e
necessary or reuired or the purpose of repairs maintenance security and
upeep of the #uildin"s and such deposit towards such sinin"+reser!e fund
shall not a#sol!e the Purchaser of her+his o#li"ations to mae payment or
contri#ute for periodical maintenance and other char"es.
2.1% SUPER BUILT UP AREAshall mean the total #uilt up area of the Flat+;nit
includin" the proportionate share in the common parts, portions, areas, or
facilities and amenities comprised in the said -ew =uildin"s and the a""re"ate
of the same shall #e the super #uilt up area of the Flat+;nit.
2.1$ USER/HOUSE RULESshall mean the rules and re"ulations re"ardin" the
user+holdin" of the said Flat as hereinafter stated.
ARTICLE III 5 INTERPRETATIONS
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
9/38
!i) A reference to a statutory pro!ision includes a reference to any modification,
consideration or reenactment thereof for the time #ein" in force and all
statutory instruments or orders made pursuant thereto.
!ii) Any reference to this a"reement or any of the pro!isions thereof includes all
amendments and modification made in this A"reement from time to time in
force.
!iii) The headin"s in this a"reement are inserted for con!enience of reference and
shall #e i"nored in the interpretation and construction of this a"reement.
i) The &chedules shall ha!e effect and #e construed as an inte"ral part of this
a"reement.
ARTICLE IV 5 COMMENCEMENT 5 TITLE
4.1 This A"reement has commenced and+or shall #e deemed to ha!e commenced
on and with effect from the date of eecution hereof (hereinafter referred to as
the 33-3-T :AT).
4.2 The Purchaser has+ha!e inspected the title of the wner in respect of the said
Property and a"rees and co!enants not to raise any o#*ection whatsoe!er or
howsoe!er.
4.< The Purchaser has inspected the #uildin"s plan duly sanctioned #y ?ram
Panchayat, =ishnupur , 5a*arhat.
4.4 That the :e!eloper shall #e entitled to chan"e and+or alter and+or modify the
said Plan
4.% The :e!eloper shall #e entitled to chan"e the user of any part or portion of the
said -ew =uildin"s and the Purchaser a"rees not to raise any o#*ection
whatsoe!er or howsoe!er
ARTICLE V 5 SALE AND TRANSFER
%.1 n consideration of the !arious amounts a"reed to #e paid #y the Purchaser and
su#*ect to Purchaser performin" and o#ser!in" all the conditions and
co!enants to #e performed and o#ser!ed on the part of the Purchaser, the
wner+8endor has a"reed to sell and transfer &A: P5P5T7 more fully
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
10/38
and particularly mentioned and descri#ed in the &-: &B:;9
hereunder written.
%.2 The common parts and portions in the said -ew =uildin"s and+or Bousin"
omple shall #e such as shall #e necessary or #e reuired and as thou"ht fit
and determined #y the de!eloper for the #eneficial en*oyment of the said
Flat+;nit and the Properties Appurtenant Thereto and such common parts and
portions shall #e declared and+or identified #y the de!eloper only upon the
completion certificate is "ranted #y the ?ram Panchayat, =ishnupur ,
5a*arhat.
%.< The ri"ht of the Purchaser shall remain restricted to the said Flat+;nit and the
Properties Appurtenant Thereto and the Purchaser shall ha!e no ri"ht nor shall
any ri"ht o!er and in respect of any other ;nits and+or open spaces includin"
the roof which shall always #e deemed to ha!e !ested in the :e!eloper.
%.4 A-: T & B5=7 MP5&&97 A?5: A-: :9A5: #y and
#etween the parties hereto that the ri"ht of the Purchaser shall remain
restricted to the said Flat+;nit and in no e!ent the Purchaser shall #e entitled to
and here#y acnowled"es that they will ha!e no ri"ht o!er and in respect of
the eterior walls and+or corridors and+or other parts and portions of the -ew
=uildin"s and+or Bousin" omple.
ARTICLE VI 5 CONSIDERATION/PAYMENT
$.1 n consideration of the a#o!e the Purchaser has a"reed to pay to the
wner+8endor an a""re"ate sum of 5s. NNNNNNN..+ (5upees
NNNNNNNNNNNNNNNNNNN..) only (hereinafter referred to
as the TOTAL CONSIDERATION AMOUNT)
$.2 The said total consideration amount shall #e paid in the manner as pro!ided
for in the FOURTH SCHEDULEhereunder written #y the Purchaser to the
wner+8endor herein.
10
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
11/38
$.< All payment shall #e made at the office of the wner+8endor a"ainst proper
and effectual receipts to #e pro!ided #y the wner+8endor or any person
authoriGed #y them.
$.4 n the e!ent of any default on the part of the Purchaser in main" payment of
any of the installments a"reed to #e paid #y the Purchaser to the
wner+8endor then and in that e!ent without pre*udice to any other ri"ht
which the wner+8endor may ha!e the wner+8endor shall #e entitled to
claim and the Purchaser shall #e lia#le to pay interest at the rate of 1@H
(i"hteen Per ent) percent per annum on the amounts remainin" outstandin".
$.% n addition to the said total consideration amount a"reed to #e paid #y the
Purchaser to the wner+8endor herein as herein#efore mentioned, the
Purchaser shall #e lia#le and ha!e o#li"ated themsel!es to mae payment of
!arious other amounts as and #y way of deposits and+or fied char"es which
will include the amounts on account of electricity deposits, formation of
association and other amounts (more fully and particularly mentioned and
descri#ed in the FFTB &B:;9 hereunder written).
-one of the aforesaid amounts to #e paid #y the Purchaser to the
wner+8endor as and #y way of deposits are refunda#le and the Purchaser
shall not #e entitled to and a"ree not to claim refund of the said amounts paid
and in the e!ent of non payment of the municipal rates and taes and
maintenance char"es then and in that e!ent the wner+8endor at its a#solute
discretion (thou"h not o#li"atory) shall #e entitled to ad*ust and appropriated
the same out of the said deposits.
$.$ All amounts paya#le in respect of such deposits shall #e paid #y the Purchaser
#efore tain" o!er possession of the Flat+;nit and in no e!ent the Purchaser
shall #e entitled to claim possession until such time the Purchaser ha!e made
full payment of the Total onsideration Amount includin" amounts to #e paid
on account of -on 5efunda#le :eposits and in addition the Purchaser a"rees
to mae payment of the char"es in respect ofL
11
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
12/38
a) har"es for pro!idin" any additional wor in or relatin" to the said Flat at the
reuest of the Purchaser and for pro!idin" any additional facilities or utility
for the said Flat.
#) All #etterment fees taes and other le!ies char"es imposed #y the ?o!ernment
or any other authority relatin" to the said Properties and+or the said Flat+;nit
shall #e paid and #orne #y the Purchaser proportionate to her interest therein
and those relatin" only to the said Flat+;nit shall #e #orne solely and
conclusi!ely #y the Purchaser.
c) Proportionate share of any additional facility or amenity pro!ided for in the
said -ew =uildin"s for the #enefit of all the ;nit + Flat wners of the
5esidential Area.
d) &er!ice Ta K 5s.
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
13/38
.2 onstruction, finishin" and main" 5e"istration of the &aid Property ha#ita#le
(1) in #are condition and (2) as per the &pecifications, the decision of the
Architect in this re"ard #ein" final and #indin"/, shall #e done #y the
wner+8endor within .............. months from the date of a"reement
(ompletion :ate) pro!ided howe!er the ompletion :ate may #e etended
#y a period of $ (&i) months (tended Period) at the option of the
wner+8endor.
t has #een epressly a"reed #y and #etween the parties hereto that unless
pre!ented #y circumstances #eyond the control of the seller the said -ew
=uildin" is liely to #e completed within the stated period, the said -ew
=uildin" shall #e deemed to ha!e #een completed if made fit for ha#itation
and certified so #y the Architect and in the e!ent of noncompletion of the said
-ew =uildin" within the said completion date, the wner+8endor shall fail to
complete the said ;nit then and in that e!ent the Purchaser shall #e entitled to
and the wner+8endor shall #e lia#le to pay compensation at the rate of 5s
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
14/38
ARTICLE VIII5 POSSESSION
@.1 mmediately after the said Flat+;nit is ready and made fit for ha#itation (and
in this re"ard the decision of the Architect shall #e final and #indin") the
wner+8endor shall ser!e a notice on the Purchaser and within 0 days from
the date of such notice (hereinafter referred to as the POSSESSION DATE)
the Purchaser shall #e deemed to ha!e taen o!er possession of the said
Flat+;nit for the purpose of main" payment of the common epenses and
maintenance char"es P58:: BD85 in no e!ent the Purchaser shall
#e entitled to claim physical possession of the said Flat+;nit until such time
the Purchaser ha!e made full payment and+or deposited all the amounts
paya#le #y the Purchaser to the wner+8endor and the wner+8endor shall
not #e lia#le to deli!er possession of the said Flat+;nit until such time the
Purchaser ha!e made full payment of the amounts a"reed to #e paid #y the
Purchaser in terms of this A"reement.
@.2 =efore the date of possession of the said Flat+;nit the Purchaser a"rees and
co!enantsL
a) To pay to the wner+8endor and + or the de!eloper such amounts due and
paya#le on account of the consideration as mentioned in Fourth &chedule
hereto and the proportionate costs of all payments made for etra common
facilities to #e pro!ided to all occupiers of the said =uildin"s.
#) To deposit amounts free of interest with the wner+8endor+de!eloper for the
purpose and su#*ect to the conditions mentioned in Part and Part of the
Fifth &chedule hereunder written.
@.< From the :ate of Possession the Purchaser shall #e lia#le to and a"ree to pay
and contri#ute the proportionate share of 3unicipal+Panchayet rates, multi
storied taes and other taes, maintenance and ser!ice char"es and all other
out"oin"s paya#le presently or which may #e imposed or le!ied in future in
respect of the said Flat+;nit and proportionately for the whole #uildin"s and
14
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
15/38
Properties re"ularly and punctually whether actual physical possession of the
said Flat+;nit is taen or not #y the Purchaser.
@.4 n no e!ent the Purchaser shall #e entitled to ha!e any claim a"ainst the
wner+8endor and the de!eloper if the said -ew =uildin"s and the said
Flat+;nit are not completed within the completion date, if the wner+8endor
and de!eloper is pre!ented from any circumstances #eyond the control of the
wner+8endor and de!eloper and the certificate of the Architect in this re"ard
shall #e final and conclusi!e and #indin" on the parties.
ARTICLE I65 HOUSE RULES/USER AND OTHER OBLIGATION
.1 ;pon full payment of all the amounts a"reed to #e paid #y the Purchaser to the
wner+8endor in terms of this a"reement the Purchaser shall #e put in
possession of the said Flat+;nit+&aid Property.
.2 As from the date of possession of the said Flat+;nit the Purchaser a"rees and
co!enants
(a) To cooperate with the other coPurchaser and the wner+8endor and the
de!eloper in the mana"ement and maintenance of the said -ew =uildin"s.
(#) To o#ser!e the rules framed from time to time #y the de!eloper and upon the
formation of the Boldin" r"anisation #y such Boldin" r"anisation.
(c) To use the said Flat+;nit for residential purposes and not for other purposes
whatsoe!er without the consent in writin" of the wner+8endor and de!eloper.
(d) To allow the wner+8endor+:e!eloper with or without wormen to enter into
the said Flat+;nit for the purpose of maintenance and repairs #ut only with 4@
hours prior notice in writin" to the Purchaser.
(e) To pay and #ear the common epenses and other out"oin"s and epenses since
the date of possession and also the rates and taes for the said Flat+;nit and
proportionately for the -ew =uildin"s and+or common parts+areas and wholly
for the said Flat+;nit and+or to mae deposits on account thereof in the manner
mentioned hereunder to the de!eloper and upon the formation of the Boldin"
1%
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
16/38
Association to such Boldin" r"anisation. &uch amount shall #e deemed to #e
due and paya#le on and from the date of possession whether physical
possession of the said Flat+;nit has #een taen or not #y the Purchaser. The
said amounts shall #e paid #y the Purchaser without raisin" any o#*ection
thereto re"ularly and punctually within 2 hours to the de!eloper and upon
formation of the Boldin" r"anisation to such Boldin" r"anisation.
(f) To deposit the amounts reasona#ly reuired with the de!eloper and upon the
formation of the Boldin" r"anisation with such Boldin" r"anisation
towards the lia#ility for rates and taes and other out"oin"s.
(") To pay char"es for electricity in or relation to the said Flat+;nit wholly and
proportionately relatin" to the common parts.
(h) -ot to su#di!ide the said Flat+;nit and+or the Parin" &pace if allotted or any
portion thereof.
(i) -ot to do anythin" or pre!ent the de!eloper from main" further or additional
le"al constructions within @ A.3. to $ P.3. within any worin" day
notwithstandin" any temporary disruption in the PurchaserJ en*oyment of the
said Flat+;nit.
(*) To maintain or remain responsi#le for the structural sta#ility of the said
Flat+;nit and not to do anythin" which has the effect of affectin" the structural
sta#ility of the #uildin"s.
() -ot to do or cause anythin" to #e done in or around the said Flat+;nit which
may cause or tend to cause or tantamount to cause or effect any dama"e to any
floorin" or ceilin" of the said Flat+;nit or ad*acent to the said Flat+;nit or in
any manner interfere with the use and ri"hts and en*oyment thereof or any
open passa"es or amenities a!aila#le for common use.
(l) -ot to dama"e demolish or cause to dama"ed or demolished the said Flat+;nit
or any part thereof or the fittin"s and fitures affied thereto.
(m) -ot to close or permit the closin" of !erandahs or loun"es or #alconies and
lo##ies and common parts and also not to alter or permit any alteration in the
ele!ation and outside colour scheme of the eposed walls of the 8erandahs
loun"e or any eternal walls or the fences of eternal doors and windows
includin" "rills of the said Flat+;nit which in the opinion of the de!eloper
differs from the colour &cheme of the #uildin"s or de!iation or which in the
1$
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
17/38
opinion of the de!eloper may affect the ele!ation in respect of the eterior
walls of the said #uildin"s.
(n) -ot to install "rills the desi"n of which ha!e not #een su""ested and appro!ed
#y the Architect.
(o) -ot to do or permit to #e done any act or thin" which may render !oid or
mae !oida#le any insurance in respect of the said Flat+;nit or any part of the
said #uildin"s or cause increased premium to #e paya#le in respect thereof if
the #uildin"s is insured.
(p) -ot to mae in the said Flat+;nit any structural additional and+or alterations
such as #eams columns partition walls etc or impro!ements of a permanent
nature ecept with the prior appro!al in writin" of the de!eloper and with the
sanction of the authorities concerned as and when reuired.
() -ot to use the said Flat+;nit or permit the same to #e used for any purposes
whatsoe!er other than residential purpose and shall not use for the purpose
which may or is liely to cause nuisance or annoyance to co
Purchaser+occupiers of the other portions of the said #uildin"s or #uildin"s to
the owners and occupiers of the nei"h#ourin" Properties or for any ille"al or
immoral purpose or as a =oardin" Bouse, ?uest Bouse, lu# Bouse, -ursin"
Bome, amusement or ntertainment entre, atin" or aterin" Place,
:ispensary or a 3eetin" Place or for any commercial or industrial acti!ities
whatsoe!er.
(r) &imilarly shall not eep in the parin" place anythin" other than pri!ate motor
car or motor cycle and shall not raise or put up any utcha or pucca
constructions "rilled wall or enclosure thereon or part thereof and shall eep it
always open as #efore. :wellin" or stayin" of any person or #locin" #y
puttin" any articles shall not #e permitted.
(s) -ot to use or permit to #e used the allocated parin" space for any other
purpose whatsoe!er other than parin" of her own car.
(t) -ot to par car on the pathway or open spaces of the #uildin"s at any other
place ecept the space allotted to them and shall use the pathways as would #e
decided #y the de!eloper.
u) -ot to chan"e or put any clothes in or upon the windows #alconies and other
portions which may #e eposed in a manner or #e !isi#le to the outsiders.
1
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
18/38
(!) To a#ide #y such #uildin"s rules and re"ulations as may #e made applica#le
#y the de!eloper #efore the formation of the Boldin" r"anisation and after
the Boldin" r"anisation is incorporated to comply with and+or adhere to the
#uildin"s rules and re"ulations of such holdin" or"anisation.
HOUSE RULES!
(1) The lo##ies, entrances and stairways of the =uildin"s shall not #e o#structed
or used for any purpose other than in"ress to and e"ress from the Flat+;nit in
the =uildin"s.
(2) hildren shall not play in the pu#lic halls, stairways or ele!ators.
(
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
19/38
(@) Daterclosets and other water apparatus in the =uildin"s shall not #e used for
any purpose other than those for which they were constructed nor shall any
sweepin"s, ru##ish, ra"s or any other article #e thrown into the same. Any
dama"e resultin" from misuse of an off waterclosets or apparatus shall #e
paid for #y the Flatowner in whose apartment it shall ha!e #een caused.
() -o #ird or animal shall #e ept or har#oured in the common areas of the
=uildin"s. n no e!ent shall do"s and other pets #e permitted on ele!ators or in
any of the common portions of the =uildin"s unless accompanied.
(10) -o radio or tele!ision aerial shall #e attached to or hun" from the eterior of
the #uildin"s.
(11) ?ar#a"e and refuse from the apartments shall #e deposited in such place only
in the =uildin"s and at such time and in such manner as the superintendent of
the =uildin"s may direct.
(12) -o !ehicle #elon"in" to Purchaser or to a mem#er of the family or "uest, su#
tenant or employee of a lessee shall #e pared in the open space or in such
manner as to impede or pre!ent ready access to the entrance of the =uildin"s
#y another !ehicle.
(1
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
20/38
only and proportionately for the #uildin"s as a whole. The statement of
account of the apportionment of the char"es as prepared #y the de!eloper shall
#e conclusi!e and final. The Purchaser shall not #e entitled to dispute or
uestion the same pro!ided that the #illin" is reasona#le. n the e!ent of the
transfer of the mana"ement and administration of the said #uildin"s to the
Boldin" r"anisation in terms of these presents the employees of the
de!eloper such as watchmen, security staff, liftmen etc. shall #e employed
and+or a#sor#ed in the employment of such Boldin" r"anisation with
continuity of ser!ice and on the same terms and conditions of employment
with the owner+!endor, de!eloper and the Purchaser shall not #e entitled to
raise any o#*ection thereto and here#y consents to the same.
(c) After the formation of the Boldin" r"anisation the Purchaser shall pay such
amounts for the aforesaid purpose as may #e fied and determined #y the
Boldin" r"anisation.
(d) &o lon" as each Flat+;nit in the said Properties shall not #e separately mutated
and separated the Purchaser shall pay the proportionate share of all rates and
taes assessed on the whole Properties includin" the char"es for loss of
electricity while in transmission to the de!eloper from the date of possession.
&uch proportion is to #e determined #y the de!eloper on the #asis of the area
of such Flat+;nit in the said =uildin"s.
(e) f the Purchaser fails to pay the aforesaid epenses or part thereof within time
as aforesaid the Purchaser shall #e lia#le to pay interest at the rate of 2H per
month and further that if any interest remains unpaid for sity days, the
de!eloper or upon formation of Boldin" r"anisation. &uch Boldin"
r"anisation shall #e at li#erty to disconnect and+or suspend all common
ser!ices attached to the PurchaserJ Flat+;nit such as water supply, electricity
connection, use of lifts, central antenna, etc. till such dues with interest are
paid and shall also #e lia#le to pay the common epenses for such suspension
period as well as reconnection char"es.
ARTICLE 6 5 HOLDING ORGANISATION
10.1 mmediately after the completion of the said -ew =uildin"s and+or Bousin"
omple and the possession is made o!er to the flat owners in the said -ew
20
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
21/38
=uildin"s and+or Bousin" omple the de!eloper shall form or cause to #e
formed an Association or a &ociety or &yndicate of the flat owners in the said
Bousin" omple (hereinafter called the HOLDING ORGANISATION)
with such rules and re"ulations as shall #e determined #y the Ad!ocates and
&olicitors of the de!eloper.
10.2 The Purchaser shall #ecome a mem#er of the Boldin" r"anisation and
here#y a"ree to a#ide #y the rules and re"ulations which shall #e framed #y
the said Boldin" r"anisation for the #enefit of all the mem#ers of the said
Boldin" r"anisation.
10.< The Purchaser shall #e lia#le and a"rees to a#ide #y such further house rules
as may #e made applica#le #y the said Boldin" r"anisation.
10.4 As and when the said Boldin" r"anisation is formed, the Purchaser shall
#ecome a mem#er of such Boldin" r"anisation and without #ecomin" a
mem#er of such Boldin" r"anisation shall not #e entitled to a!ail of the
!arious facilities and+or utilities at the said Properties.
ARTICLE 6I 5 MANAGEMENT 7 SINKING FUND
11.1 The Purchaser shall #e lia#le and ha!e o#li"ated themsel!es to re"ularly and
punctually mae payment of the proportionate share of common maintenance
char"es and until such time the said Boldin" r"anisation is formed the
de!eloper shall pro!ide the common ser!ices and+or facilities su#*ect to the
Purchaser re"ularly and punctually main" payment of the proportionate share
of common maintenance char"es.
11.2 FA9T7 3A-A?5 O The de!eloper shall #e entitled to appoint a Facility
3ana"ement ompany (hereinafter referred to as the FA9T7 3A-A?5)
on such terms and conditions as the de!eloper in its a#solute discretion may
deem fit and proper for tain" care of the common parts and portions and in
addition to the common maintenance char"es paya#le #y the Purchaser the
21
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
22/38
Purchaser shall also #e lia#le to mae payment of the proportionate amount
which may #ecome paya#le to such Facility 3ana"er
11.< At or #efore enterin" into this a"reement it has #een epressly communicated
to the Purchaser that the said Bousin" omple is to #e ept and retained as a
decent residential housin" comple and as such to a!oid any contro!ersy in
future and also for ensurin" that proper maintenance and upeep of the said
housin" comple it has #een a"reed that the Purchaser shall eep in deposit a
amount as may #e determined #y the de!eloper in their a#solute discretion
towards &inin"+5eser!e Fund, mentioned #elow in the FFTB &B:;9,
which shall #e held free of interest #y the de!eloper and upon the formation
of the &ociety+Association+Boldin" r"aniGation+&yndicate (B9:-?
5?A-&AT-) made o!er to the Boldin" r"aniGation which shall #e
entitled to in!est the same in such securities and in such manner as the
Boldin" r"anisation may thin fit and apply the income for the purpose of
meetin" the epenses which may #e necessary or reuired or the purpose of
repairs maintenance security and upeep of the #uildin"s and such deposit
towards such sinin"+ reser!e fund shall not a#sol!e the Purchaser of her
o#li"ation for the payment or contri#ution for periodical maintenance and
other char"es.
ARTICLE 6II 5 CLUB FACILITIES
12.1 For the #enefit of the flat owners of the said housin" comple the de!eloper
intends to pro!ide clu# facilities and such clu# facilities will #e pro!ided in a
di!ided and demarcated portion of the said Bousin" omple (hereinafter
referred to as the CLUB FACILITIES)
12.2 The Purchaser shall #e o#li"ated to #ecome a mem#er of the said lu# upon
payment of a sum to #e calculated at the rate of 5s. %0+ (5upees Fifty per
s.ft.) on the total super #uiltup area formin" part of the Flat+;nit and the
Properties Appurtenant Thereto intended to #e acuired #y the Purchaser and
the said Amount will #ecome paya#le #y the Purchaser to the de!eloper in the
followin" manner L
22
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
23/38
%0H At or #efore eecution of this a"reement
%0H At or #efore tain" o!er possession of the said Flat.
12.< The Purchaser and the direct mem#ers of her family shall #e entitled to mae
use of the said lu# upon main" payment of the monthly su#scription as may
#ecome paya#le and also su#*ect to the Purchaser a#idin" #y the rules and
re"ulations of user as may #e made applica#le #y the Boldin" r"anisation
upon its formation and prior thereto #y the de!eloper.
12.4 The said lu# Facilities will include
a) &wimmin" Pool
#) 3ini Pool for children
c) ndoor ?ames 5oom
d) Air conditioned community hall
e) Air conditioned "uest room
f) ndoor "ymnasium
12.% The aforesaid facilities shall #e of such siGe and of such dimensions as the
de!eloper in its a#solute discretion shall deem fit and proper.
12.$ n the e!ent of the Purchaser and+or the direct mem#ers of her family main"
use of the Air onditioned ommunity hall and+or the Air onditioned ?uest
5oom the Purchaser shall #e lia#le to mae payment of the char"es for user
thereof as may #e determined #y the Boldin" r"anisation upon its formation
and prior thereto #y the de!eloper.
ARTICLE 6III5DOCUMENTATION AND PROFESSIONAL CHARGES
1
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
24/38
1
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
25/38
!ii) Any prohi#itory order from the court, 3unicipal orporation+Panchayet
authority and other authorities.
!iii) Any other una!oida#le circumstances #eyond control of the wner+8endor.
ARTICLE 6VI 5 MISCELLANEOUS
1$.1 t is here#y epressly a"reed and declared that the dominant of the parties
hereto is to sell and transfer the said Flat+;nit to the Purchaser in terms of this
a"reement and it is not the intention for this a"reement, #e construed to mean
in the self renderin" any ser!ices.
1$.2 The ri"ht of possession of the Purchaser in respect of the said Flat+;nit shall
arise only upon the Purchaser fulfillin" all the o#li"ations as are contained in
this a"reement.
1$.< The Purchaser shall not #e entitled to transfer, let out, mort"a"e, "rant lease in
respect of the said Flat+;nit without the consent in writin" of the
wner+8endor till such time the Purchaser ha!e fulfilled all the o#li"ations
and the possession of the said Flat+;nit ha!e #een o#tained #y the Purchaser.
1$.4 t is a"reed that the Purchaser within the 12 months from the date hereof is not
entitled to assi"n and+or transfer her ri"hts under this A"reement relatin" to the
said Flat+;nit to any party includin" the wner+8endor.
1$.% -3-AT- t is a"reed that in the e!ent the Purchaser intends to assi"n
and+or transfer her ri"hts relatin" to the said Flat+;nit under this a"reement
shall #e entitled to do so with the consent of the wner+8endor only after
epiry of a period of twel!e months from the date of eecution of this
A"reement upon main" payment of 1H of the consideration amount, paid #y
the Transferee to the Transferor, and the said amount shall #e paid #y the
Transferor to the wner+8endor as and #y way of -omination osts and
o#tainin" an undertain" from the Transferee that he+she shall a#ide #y all the
terms and conditions of this A"reement.
2%
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
26/38
1$.$ At or #efore enterin" into this A"reement the Purchaser has made herself
aware that a part or portion of the said ntire Premises comprises of a Pond
(hereinafter referred to as the P-:) which is open to the pu#lic at lar"e and
in no e!ent the Purchaser or any person claimin" throu"h them shall #e
entitled to raise any o#*ect in the said pond #ein" used #y the pu#lic at lar"e.
1$. 5&58: 5?BT& O The followin" ri"hts ha!e #een reser!ed #y the
de!eloper L
i) The ri"ht to use or permit to #e used all the eterior walls includin" the 5oof
of the !arious #uildin"s for display of hoardin"s
ii) the ri"ht to use or permit to #e used all the eterior walls and the 5oof of the
!arious #uildin"s for the purpose of puttin" up neon si"n and other
ad!ertisement material
iii) The ri"ht to use or permit to #e used the outer walls and 5oof of the !arious
#uildin"s for such purpose as the de!eloper may in its a#solute discretion
without any o#*ection from the Purchaser or any person claimin" throu"h or
under it
1$.@ The ri"ht of the Purchaser shall remain restricted to the said Flat+;nit and in
no e!ent the Purchaser shall #e entitled and here#y a"ree not to claim any ri"ht
in respect of the other parts or portions of the said #uildin"s and the said
Properties or any part or portion thereof.
1$. t is here#y a"reed and clarified that the ri"ht of the Purchaser shall remain
restricted to the said Flat+;nit and proportionate share in all common parts
portions areas and facilities and the Purchaser shall not entitled to claim any
ri"ht o!er and in respect of the other portions of the said Properties or the
#uildin"s and in the e!ent of the &eller decidin" to mae any further
constructions on any other parts and portions of the said Properties the
Purchaser shall a"ree not to raise any o#*ection.
1$.10 ceptin" for certain portions of the roof which may ha!e certain installations
the remainin" part of the said 5oof shall remain as the a#solute property of the
2$
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
27/38
de!eloper and the de!eloper shall #e entitled to deal with the same in its
a#solute discretion.
1$.11 The =uildin"s at the said Properties and+or the said housin" comple shall #e
nown #y the name of 5A3&DA5A DAT5 8D and the said name shall
not #e chan"ed under any circumstances.
1$.12 The Purchaser shall #e lia#le and a"rees to mae payment of the amounts
paya#le on account of the &er!ice Ta+ &ales Ta without raisin" any o#*ection
whatsoe!er or howsoe!er.
1$.1< The Purchaser shall #ear and pay for the &tamp :uty and re"istration char"es.
t shall #e the responsi#ility of the Purchaser to "et this A"reement re"istered
and the wner+8endor will appear #efore the authorities for admittin" the
re"istration of the A"reement. The Purchaser shall #e lia#le to pay the &tamp
:uty and re"istration char"es for the eecution and re"istration of the :eed of
on!eyance.
1$.14 This A"reement is personal and the Purchaser shall not #e entitled to transfer
let out mort"a"e "rant lease in respect of the said Flat+;nit without the consent
in writin" of the wner+8endor until such time the full amount of
consideration ha!e #een paid #y the Purchaser to the wner+8endor and the
Purchaser performin" and o#ser!in" all the other terms and conditions herein
contained and on the part of the Purchaser to #e performed and o#ser!ed
P58:: BD85 after the full payment of the entire consideration
amount the Purchaser shall #e entitled to let out, "rant, lease and+or mort"a"e
and+or in any way deal with the said Flat+;nit for which no further consent of
the wner+8endor shall #e reuired.
1$.1% The ri"ht of the Purchaser shall remain restricted to the said Flat+;nit and in
no e!ent the Purchaser shall #e entitled and here#y a"ree not to claim any ri"ht
in respect of the other parts or portions of the said #uildin"s and the said
Properties.
2
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
28/38
1$.1$ For the purpose of acuirin" the said Flat+;nit in the aforesaid =uildin"s the
Purchaser will #e entitled to apply for and o#tain financial assistance from
#ans and other financial institutions #ut in no e!ent the wner+8endor will #e
lia#le or assume any lia#ility for such loans and "rantin" of any loan will
always #e su#*ect to the terms and conditions herein contained.
1$.1 The wner+8endor and the Purchaser ha!e entered into this A"reement purely
on principal to principal #asis and nothin" stated herein shall #e deemed to
constitute a partnership #etween the wner+8endor and the Purchaser or to #e
construed as a *oint !enture or *oint !entures #etween the Purchaser and the
wner+8endor nor shall the wner+8endor and the Purchaser constitute an
association of persons. &uch party shall eep the other party duly indemnified
from and a"ainst the same.
1$.1@ This A"reement contains the entire A"reement of the parties and no oral
representation or statement shall #e considered !alid or #indin" upon either of
the parties nor shall any pro!ision of this A"reement #e terminated or wai!ed
ecept #y written consent #y #oth the parties. The Purchaser acnowled"es
upon si"nin" this a"reement, conditions, stipulation, representations
"uarantees or warranties ha!e #een made #y the wner+8endor other than
what is specifically set forth herein. n the e!ent of any of the clauses
#ecomin" !oid and+or unenforcea#le then and in that e!ent the other clauses
such sur!i!e.
1$.1 This A"reement supersedes all other a"reements arran"ements, understandin"
or #rochure and in no e!ent the Purchaser shall #e entitled to set up any oral
A"reement.
1$.20 The Purchaser has a"reed to eep in deposit an amount as and #y way of
&inin" Fund + :e!elopment Fund with the de!eloper+Boldin" r"anisation
as herein#efore pro!ided and such amount to #e utilised and+or is liely to #e
utilised for meetin" any capital ependiture which may #e necessary and+or
reuired for the #enefit of all the Purchaser of the !arious flats units
apartments of the said =uildin"s at the said Properties.
2@
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
29/38
ARTICLE 6VII7 NOTICE
1.1 All notices to #e ser!ed hereunder #y either of the parties to the other shall #e
deemed to ha!e #een ser!ed on the 4thday of the date the same has #een
deli!ered for despatch to the postal authority #y re"istered post with
acnowled"ement due at the last nown address of the parties hereto.
ARTICLE 6VIII 7 ARBITRATION
[email protected] All disputes and differences #etween the parties hereto re"ardin" the
construction or interpretation of any of the terms and conditions herein
contained or touchin" these presents or determination of any lia#ility shall #e
referred to the ar#itration in accordance with the pro!isions of the Ar#itration
and conciliation Act 1$ or any other modification or enactment thereto for
the time #ein" in force.
[email protected] The wner+8endor and the Purchaser shall not commence le"al proceedin"s
or to ha!e any 5ecei!er appointed in the said Properties or the said #uildin"s
unless the same is first referred to ar#itration and the Ar#itrator has "i!en his
award.
1@.< The Ar#itrators shall ha!e summary powers.
[email protected] The Ar#itrators shall ha!e the ri"ht to "i!e interim awards and directions.
ARTICLE 6I65 JURISDICTION
1.1 ourts at 'olata alone shall ha!e *urisdiction to entertain and try all actions
suits and proceedin"s arisin" out of this A"reement.
THE FIRST SCHEDULE ABOVE REFERRED TO
DESCRIPTION OF TOTAL LAND1
2
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
30/38
A99 TBAT the piece and parcel of an amal"amated plot of land measurin" 44
:ecimals eui!alent to 4.4 Acres more or less comprised in 5.&.+9.5. :a" -os. 2, %,
$ 6 10 under 5.&. 'hatian -os. 20%1, 2041, 204%, 20' $?' $ 2"((2' ?+' + 2' +- S0' B"2( U0 $'$, consistin" ............ =ed
5ooms, ne 9i!in"cum:inin", ne 'itchen, .......... Toilets 6 .......... =alconies
A-: A9& piece and parcel of one o!ered ar &pace, on the G+#) F2++ of
B2+*: N+. ;, measurin" .................. S' $?' $ 2"((2' ?+' + 2' +-
S0' B"2( U0 $'$, lyin" and situated in the said #uildin" comple namely
RAMESWARA WATER VIEW, at 5a*arhat, 'olata ..........................,
constructed upon the land descri#ed in the First &chedule hereina#o!e to"ether with
undi!ided proportionate share of land, common common amenities, common facilities
of the said #uildin" comple.
THE THIRD SCHEDULE ABOVE REFERRED TO
COMMON PARTS AND PORTIONS1
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
31/38
1. The foundation, columns, #eams, support, corridors, lo##ies, stairs, stairways,
landin"s, entrances, eits and pathways.
2. :rains and sewers from the Properties to the Panchayet+3unicipal :uct.
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
32/38
Total onsideration for &aid Property 5s. .......................
P$( 7 II
n or #efore A"reement 5s. .......................
n 6 within ........................................ 5s. .......................
n 6 within ........................................ 5s. .......................
n 6 within ........................................ 5s. .......................
n 6 within ........................................ 5s. .......................
n 6 within ........................................ 5s. .......................
n Possession + 5e"istration 5est Amount/ 5s. .......................
GRAND TOTAL ! 5s. .......................
THE FIFTH SCHEDULE ABOVE REFERRED TO
DEPOSITS1
At or #efore tain" o!er the possession the Purchaser shall deposit the followin"
amounts which are not refunda#le and to #e #orne and paid #y the Purchaser on or
#efore the payment of the last installment are as followsL
(a) &inin" Fund L 5s 1% per s. ft. on har"ea#le area or &uper =uilt up Area
(#) 3aintenance har"es and Property TaesL eui!alent to $ months K 5s 12+
s.ft on har"ea#le area or &uper =uilt up area.
(c) osts and char"es for main" arran"ements to "i!e B.T+9.T. connection from
D=&: to the PremisesL 5s 40 per s.ft on har"ea#le area or &uper =uilt
up area
(d) Pro!idin" power supply from ?eneratorL 5s 20000 for 1 '8A and for
additional load 5s 20000 per '8A
(e) :ocumentation har"esL 5s 1%000+ paya#le in the followin" mannerL
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
33/38
5s.%00+ n or #efore eecution of this a"reement
5s.%00+ n or #efore tain" o!er possession of the ;nit.
(f) ?as onnectionL De are main" arran"ements and will soon intimate to you
the costs paya#le.
(") Association+ Boldin" ompanies+ ooperati!es 5s. 2 per s.ft. on har"ea#le
area or &uper =uilt up area.
(h) Any transfer fee+ panchayat ta on actuals.
THE SI6TH SCHEDULE ABOVE REFERRED TO
MAINTENANCE CHARGES1
To #e #orne and paid #y the Purchaser to the :e!eloper+wner+8endor at K 5s.2+
( two) per s. ft. per month within the day of e!ery n"lish calendar month alon"
with applica#le ser!ice taes.
1. 5epairin" re#uildin"s repaintin" impro!in" or other treatin" as necessary and
eepin" the property and e!ery eterior part thereof in "ood and su#stantial
repairs order and condition and renewin" and replacin" all worn or dama"ed
parts thereof.
2. Paintin" with uality paint as often as may (in the opinion of the Boldin"
r"anisation) #e necessary and in a proper and wormanlie manner all the
wood metal stone and other wor of the property and the eternal surfaces of
all eterior doors of the =uildin"s and decoratin" and colourin" all such parts
of the property as usually are or ou"ht to #e.
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
34/38
4. 'eepin" the pri!ate road in "ood repair and clean and tidy and ed"ed where
necessary and clearin" the pri!ate road when necessary.
%. Payin" a fair proportion of the cost of clearin" repairin" instatin" any drains
and sewers formin" part of the property.
$. Payin" such worers as may #e necessary in connection with the upeep of the
property.
. nsurin" any riss.
@. leanin" as necessary the eternal walls and windows (not formin" part of any
Flat+;nit) in the property as may #e necessary eepin" cleaned the common
parts and halls passa"es landin" and stair cases and all other common parts of
the #uildin"s.
. leanin" as necessary of the areas formin" parts of the property.
10. peratin" maintainin" and (if necessary) renewin" the li"htin" apparatus from
time to time of the maintained property and pro!idin" such additional li"htin"
apparatus as the de!eloper may thin fit.
11. 3aintainin" and operatin" the lifts.
12. Pro!idin" and arran"in" for the emptyin" receptacles for ru##ish.
1
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
35/38
de!elopment or any part thereof so far as the same is not the lia#ility of or
attri#uta#le to the flat of any indi!idual lessee of any Flat+;nit.
1%. ?enerally mana"in" and administerin" the de!elopment and protectin" the
amenities in the #uildin"s and for that purpose employin" and contractor and
enforcin" or attemptin" to enforce the o#ser!ance of the co!enants on the part
of any occupants of any of the Flats+;nits.
1$. mployin" ualified accountant for the purpose of auditin" the accounts in
respect of the maintenance epenses and certifyin" the total amount thereof
for the period to which the account relates.
1. omplyin" with the reuirements and directions of any competent authority
and with the pro!isions of all statutes and all re"ulations orders and #yelaws
made thereunder relatin" to the #uildin"s eceptin" those which are the
responsi#ility of the owner+occupier of any Flat+;nit.
1@. Administerin" the mana"ement company staff and complyin" with all rele!ant
statutes and re"ulations and orders thereunder and employin" suita#le persons
or firm to deal with these matters.
1. The pro!ision for maintenance and renewal of any other euipment and the
pro!ision of any other ser!ice which in the option of the 3ana"ement
company+Boldin" r"anisation it is reasona#le to pro!ide.
20. n such time to #e fied annually as shall #e estimated #y the Boldin"
r"anisation (whose decision shall #e final) to pro!ide a reser!e fund for
items of ependiture referred to this schedule to #e or epected to #e incurred
at any time.
21. The said reser!e fund shall #e ept in separate account and the interest thereon
or income from the said fund shall #e held #y the Boldin" r"anisation for of
the owners of the Flats+;nits and shall only #e applied in accordance with
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
36/38
unanimous or ma*ority decision of the mem#ers of the Boldin" r"anisation
and with the terms of this &chedule.
22. Also for the maintenance and #eautification of the Pond.
THE SEVENTH SCHEDULE ABOVE REFERRED TO
SPECIFICATIONS1
&tructure L 5 &tructure
nternal Dalls L Plaster of Paris
:oors L Flush door with accessories
Dindows L Aluminium windows
Floorin" L 9i!in" 5oom and =ed 5oom 8itrified Tiles
&anitary Dare L P fittin" of a reputed mae, white porcelain sanitary ware
'itchen L ?ranite platform with stainless steel sin. :ado of ceramic tiles
2ft a#o!e platform.
Toilet L :ado of ceramic tiles upto door hei"ht
lectricals L A point in #edroom and 9i!in" room, concealed copper
wirin", 3odular switches,
Telephone 6 T8 Dirin" L in =ed room and 9i!in" room
Plum#in" L oncealed pipelines usin" standard materials
terior L ommon area O 8itrified tiles, weather shield paint
le!ator L f a reputed mae.
IN WITNESS WHEREOF the parties hereto ha!e hereunto set and su#scri#ed their
respecti!e hands and seals on the day, month and year first a#o!e written.
SIGNED, SEALED AND DELIVERED
#y the parties at 'olata
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
37/38
n presence of L
1.
?haneshwar Prasad A"arwal
Ashay 'umar A"arwal
>ai 'rishna A"arwal
&heela A"arwal
All are Partners of
=aldeo =usiness enter
O4#'/V'#)+
P*>$'
MONEY RECEIPT
5ecei!ed on or #efore eecutin" this A"reement, R. .......................
R0'' ...................................................
....................................................1 +#23as part of the total consideration of the said
property morefully mentioned in the &econd &chedule herein a#o!e written, from the
a#o!e named purchaser, as per money receipt "i!en to the purchaser.
C>' A?+#(
W"(#'' !7
1.
?haneshwar Prasad A"arwal
7/23/2019 PC1_Draft Sale Agreement Waterview.doc
38/38
2.
Ashay 'umar A"arwal
>ai 'rishna A"arwal
&heela A"arwal
All are Partners of
=aldeo =usiness enter
O4#'/V'#)+